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(영문) 대구지방법원 2016.09.08 2016고단2134
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On April 30, 2010, the Defendant violated the provisions on prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of fine of one million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 10, 2010, a summary order of fine of three million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 10, 201, and a summary order of seven million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on February 18, 2014.

【Criminal Facts】

On April 18, 2016, at around 00 00:10, the Defendant driven a Daburg-purged vehicle with approximately 200 meters of blood alcohol concentration 0.191% under the influence of alcohol level 0.191% in the section of approximately 200 meters from the later side of the Yandong-ro 7-ro, Daegu Northernbuk-gu (Eup Dong-dong) to the front side of the apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and investigation reporting Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time of punishment imposed by the defendant for driving alcohol, the numerical value of blood alcohol concentration at the time of driving alcohol at the time of driving alcohol at the time of the instant case, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and other various grounds for sentencing as shown in the pleadings at the instant case, such as circumstances after the crime,

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