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(영문) 대구지방법원 2016.07.14 2016고단2184
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 7, 2010, the Defendant was sentenced to a suspended sentence of three years for a year due to a violation of the Road Traffic Act (drinking driving) at the Suwon Flag Flag, etc. On August 13, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on August 13, 2015. On August 21, 2015, the Defendant was sentenced to a suspended sentence of two or more times for a crime of violating the Road Traffic Act.

[2] On April 18, 2016, the Defendant driven a B-pon vehicle under the influence of alcohol leveling to about 0.266% in the section of approximately 50 meters from the 500-meter radius to the east-gu, Daegu Northern-gu, Daegu-gu, Seoul-ro 2-1, both of which are located in the east-gu, Daegu-gu, Daegu-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: References to criminal history, application of Acts and subordinate statutes on investigation reports (verification of the same criminal records as the suspect);

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. On the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

The defendant was punished by drinking alcohol on a multiple occasions and the record of the above punishment included two times of suspended sentence, but also committed this case during the period of suspended sentence according to the final suspended sentence.

The number of alcohol concentration among the blood of the defendant is very high.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

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