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(영문) 대구지방법원 김천지원 2017.02.08 2016고단1433

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On July 23, 2007, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving), and on May 16, 2012, the same court received a summary order of KRW 1,00,000 as a crime of the same offense, and operated a D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (report on previous convictions and results confirmations of the previous convictions of the disposition, and report on the date of release from the office);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant committed the crime of this case in spite of five previous convictions due to drinking, driving without a license, or refusal of measurement of drinking, and driving of drinking brings about harm to the life and body of others as well as his/her driver. As such, there is a need to strictly punish him/her, etc., which are disadvantageous circumstances or the fact that the defendant recognized the crime and misunderstandings the defendant's mistake, the defendant seems to have been crackdownd while driving in a boom after drinking after drinking the preceding alcohol, and the drinking value is not high, and other favorable circumstances such as the defendant's age, sex, environment, and conditions of sentencing as stated in the arguments of this case, such as the defendant's age, sex, and other favorable circumstances that the defendant has no criminal record above the suspended sentence.