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(영문) 대구지방법원 2017.02.09 2016고단5634
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On May 12, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving) at the Daegu District Court on the same day, and the summary order of KRW 1 million for the same crime at the same court on July 8, 2008.

[2] On November 5, 2016, Defendant 1 driven BL125 Obs while under the influence of alcohol with approximately 100 meters alcohol level 0.17% from the front of the restaurant to the front of the office of the Pacific Eup, Gyeong-gun, Gyeong-gun, Gyeong-gun, the border of which was managed by around 20:20 on November 5, 2016.

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 an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The frequency and time of sentencing under Article 62-2 of the Criminal Act, the number of times when the defendant was punished for the same kind of crime, the numerical value of alcohol concentration in blood at the time of driving the drinking of this case, and other factors of sentencing as indicated in the pleadings of this case, such as family and support relationship, age, sex, conduct, intelligence and environment, motive, means and consequence of the crime, etc., shall be determined in consideration of the circumstances after the crime.

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