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(영문) 대구지방법원 김천지원 2017.02.08 2016고단976
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

On July 10, 2016, the Defendant driven a BM car under the influence of alcohol content of approximately 0.158% from the 3km section of the “displacement” ranging from the front of the “replacement” house located in the Sinsi-si, Sinsi-si to the front road of the Samsung Electronic Dormitory located in the same Sinsi-dong to the same Sinsi-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes of reports on the circumstances of drivers;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had the record of being punished once by a fine due to drinking alcohol driving and one suspended sentence, and that the Defendant was not absent on the date of trial, etc., which is disadvantageous to the Defendant.

However, the fact that the defendant reflects the wrong and that the defendant has no record of punishment exceeding the fine due to driving under the influence of alcohol, etc. shall be considered as favorable to the defendant, and the punishment shall be determined as ordered in consideration of all other circumstances, such as drinking figures, the age, environment, and sexual behavior, which are conditions for sentencing as shown in the argument of this case.

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