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(영문) 대구지방법원 2016.07.28 2016고단2221
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 April 29, 2014, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, by receiving a summary order of KRW 1.5 million for a crime of violating road traffic laws (driving), and a fine of KRW 2 million for a crime of violating road traffic laws at the Daegu District Court on June 16, 2015.

[2] On April 7, 2016, the Defendant driven a B rocketing motor vehicle under the influence of alcohol leveling to about 0.179% in a section of about 300 meters from the front of the new market in the Daegu Suwon-gu, Daegu Suwon-gu, to the front road of the 3 Public Security Center under the 300-meter flow.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions: Inquiry of criminal history data and application of Acts and subordinate statutes of a report on criminal investigation (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. 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 the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking on several occasions.

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

There are many things.

There is no criminal history above the suspended sentence against the defendant.

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