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(영문) 대구지방법원 김천지원 2017.11.14 2017고단1135

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Power of crime] On November 3, 2006, the defendant was issued a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving), and a summary order of KRW 2 million for a violation of road traffic law in the same court on July 4, 2008, respectively.

[2] Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking), the Defendant driven B-low-income cars under the influence of alcohol content of approximately 0.272% from the 1km section of approximately 1km to the front road of the Management Office, where the trade name in the Si/Gu-U.S.-U.S.-si-dong cannot be known, on July 20, 2017 to the front road of the Gu-U.S.-si-dong.

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 a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), and summary order-making Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment twice for the same crime.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is very high.

However, the defendant is re-competing.

The defendant has no history of criminal punishment exceeding a fine.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.