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(영문) 대구지방법원 2017.11.16 2017고단5295

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

[criminal history] The Defendant, at the Daegu District Court on May 21, 2009, issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking), and on December 12, 2014, issued a summary order of KRW 5 million for a crime of violating road traffic laws by the same court on December 12, 2014.

[Criminal facts] On September 3, 2017, the Defendant driven B lucing car volume at approximately 0.074% of alcohol content among blood while under the influence of alcohol from around the front of the KatoTol Hospital located in Daegu-gu, Daegu-gu, Daegu-gu, to around the 3km section of approximately 0.074% of alcohol content, from the front of the Katol Hospital to the North Daegu-gu, Daegu-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

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 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 grounds for sentencing under Article 62-2 of the Criminal Act include the frequency 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, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.