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(영문) 대구지방법원 김천지원 2018.02.08 2017고단1600

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 March 25, 2014, the Defendant was issued a summary order of KRW 1,50,000,000 by a fine for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million by the same court on October 8, 2014.

Although the Defendant had been punished on more than two occasions due to a violation of the Road Traffic Act (driving) as seen above, on October 23, 2017, the Defendant driven a B motor vehicle under the influence of alcohol content of about 0.066% from the section of about 50 meters, from the front side of the steering gate in the Gu-U.S. S. S. S. S. S. S. S. S. S. S. S. S., to the front side of the Do-U. S. S. S. S. S. S. S. Co., Ltd. in the same Dong, the Defendant was under the influence of alcohol.

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 (the previous confirmation of such past history);

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. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the previous convictions of the same kind and four times before and after the judgment on the grounds of sentencing under Article 62-2 of the Criminal Act; (b) the volume of alcohol content during blood transfusion; (c) the background and reflect of the crime; (d) the fact that there is no previous conviction exceeding the fine; and (e) the character, conduct