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(영문) 대구지방법원 2017.10.26 2017고단4436
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 19, 2008, the Defendant received a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving) from the Daegu District Court. On July 25, 2017, the Defendant is a person with two or more times of drinking driving skills, such as driving of B Cub-in automobiles under the influence of alcohol content 0.229% during blood.

[Criminal facts] On July 28, 2017, the Defendant driven C-B-B-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a summary order and attachment to indictment), and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

The defendant, even though he had a record of driving a drinking twice, was driving a drinking again for three days from the date of the previous crime.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

Defendant would not drive drinking again;

There are many things.

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