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(영문) 대구지방법원 서부지원 2017.03.16 2016고단2655
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 12, 201, the Defendant was sentenced to a summary order of 2.5 million won as a crime of violating road traffic laws in the Daegu District Court Kimcheon support on August 12, 201, and was sentenced to a summary order of 3 million won for a crime of violating road traffic laws in the Daegu District Court Kimcheon support on October 31, 201, and was sentenced to a summary order of 3 million won for a crime of violating road traffic laws in the Daegu District Court Kimcheon support on January 22, 2014, and was sentenced to a suspended sentence of 6 months for 2 months or more for a crime of violating road traffic laws.

【Criminal fact-finding on November 6, 2016, the Defendant driven a Grand Sheet under the influence of alcohol content 0.087% while under the influence of alcohol content 0.087% in the blood, on the road near the south-gu U.S. tariff base (hereinafter “Tolt”) located in the Nam-gu, Namdong-gu, Yandong-gu, Seogdong-gu, Gandong-si, Gandong-si, Gandong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The issuance of the case, the arrest report of the case, the inquiry of the result of crackdown on drinking driving, the circumstantial statement report of the driver of the vehicle, the next inquiry;

1. Application of replys to inquiries, such as criminal history, and copies of written judgments, etc.;

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. Even though the defendant was punished several times with similar contents in the grounds for sentencing under Article 62(1) of the Criminal Act, the circumstances where drinking alcohol driving is done is disadvantageous.

In light of the fact that the defendant drinks alcohol at night and 9 hours after the surface of the water and drives it at night, it seems that he/she is not actively willing to drive alcohol.

In addition to these points, the sentencing conditions, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, etc., can be imposed.

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