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(영문) 대구지방법원 2017.05.25 2017고단1524

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 December 22, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on December 22, 201, and on February 8, 2012, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act and was sentenced to a fine of KRW 2.5 million for a crime of the same offense

On March 12, 2017, around 04:06, the Defendant driven a balp car in the state of alcohol alcohol level of about 1km from around the subway station located in the Busan High-dong, Busan High-gu, to the roads located in the same Dong-dong, with approximately 0.140% alcohol level of 0.140%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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