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(영문) 대구지방법원 김천지원 2017.10.26 2017고단881

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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

In the Daegu District Court Kimcheon on September 9, 2008, the Defendant received a summary order of KRW 2 million as a fine for a crime of violating the Road Traffic Act (drinking driving), KRW 3 million in the same court on September 10, 2010, KRW 5 million in the same court on March 20, 2014, and KRW 6 million in the same court on September 10, 2015, respectively.

Although the Defendant had been punished twice or more due to drinking driving as above, on May 28, 2017, the Defendant driven BM5 car under the influence of alcohol content 0.117% in alcohol while under the influence of alcohol content 0.17% from the old Dolle, the front of the old Dolle, which was located in the Dobong-si, Sin-si, Sin-si, Sin-si, Seoul, to the 192 front road of the same Dolle.

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 (report on confirmation of the same kind of force);

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. 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. Consideration of the overall circumstances, including the record of the crime indicated in the judgment of sentencing of Article 62-2 of the Criminal Act, such as the observation of protection and attendance order, and the fact that there are six times in total for the same criminal records and six times in total;