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(영문) 대구지방법원 김천지원 2017.10.26 2017고단700

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 November 14, 2006, the Defendant received a summary order of KRW 3 million due to a violation of road traffic law (drinking driving), etc. from the Daegu District Court Kimcheon, and on December 19, 2008, the Defendant received a summary order of KRW 1 million due to a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon branch of the Daegu District Court on December 19, 2008.

Although the Defendant had been punished for drinking two or more times as above, the Defendant driven Cina car under the influence of alcohol with approximately 0.063% alcohol level from the 1km section from May 6, 2017 to the 295-70-day automatic pumps, from the roads near the new market in the old Singum-si around May 6, 2017 to the old Sinsi-si industry.

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 an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. Four times in total for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the measurement value of drinking of this case, the circumstances leading to the crime, reflectivity, and other circumstances such as the age, sex, environment, etc. of the defendant;