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(영문) 대구지방법원 서부지원 2016.02.25 2015고단2038
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 Records of Crimes】 On August 10, 2006, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking) at the Daegu District Court, and on June 21, 2012, the same court received a summary order of KRW 2.5 million for a crime of violating road traffic laws (drinking), and three times of the same record including the same court received a summary order of KRW 2.5 million.

【Criminal facts】 On November 11, 2015, the Defendant driven a Bart XG car in the state of alcohol alcohol leveling from approximately 100 meters to approximately 0.105% of alcohol level from the merchants’ interest presses front of the Daegu-gu merchants’ interest presses in the Dong-gu, Daegu-gu, Daegu-gu, to the Magu kindergarten front road located in the same Dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Written response to a request for appraisal;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Although the reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had a history of serving multiple punishments for the same kind of crime, the criminal liability of the defendant is very heavy if considering the fact that the defendant committed the crime of this case.

However, it appears that the defendant led to the confession of the crime and the attitude against the defendant, there is no record of punishment exceeding the fine for the same crime, and the degree of the defendant's main activity (0.105% in blood alcohol level) at the time of the crime in this case, and other sentencing, such as the defendant's age, sex, environment, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc.

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