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(영문) 대구지방법원 2017.06.22 2017고단2379
도로교통법위반(음주운전)등
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 August 29, 2014, the Defendant, at the Daegu District Court, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving), and on September 9, 2016, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) from the same court on at least two occasions.

[ criminal facts] The Defendant driven a vehicle with C low alcohol level 0.086% alcohol level while under the influence of alcohol level 0.086% in the 3km section from the front of Daegu Northern-gu B to the front of the same Gu on the road of the 3km-gu Toluth in the north-gu Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and the driver's license ledger;

1. Previous convictions in judgment: Application of each one of the Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

Unfavorable circumstances: The defendant committed a crime of the same kind in the past, even though he had been punished several times due to the past.

In favorable circumstances: The alcohol concentration of the defendant's blood is less than 0.1%.

The defendant again does not commit the same crime.

There are many things.

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