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(영문) 대구지방법원 2017.05.18 2017고단1250
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

The Defendant was sentenced to a fine of three million won at the Daegu District Court on September 5, 2006 due to a violation of the Road Traffic Act (drinking), and was in violation of the prohibition of driving under the influence of alcohol on at least two occasions by having been sentenced to a fine of five million won at the same court on March 13, 2015 due to the same crime, etc.

On November 29, 2016, at around 22:51, the Defendant operated B New Zealand XG car in the state of alcohol alcohol concentration of approximately 0.146% in a section of about 100 meters from the outer influoral fluor of the city of Jin-si to the front day of the restaurant in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age

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