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(영문) 대구지방법원 2017.06.08 2017고단1531

도로교통법위반(음주운전)등

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 is a person who has been punished for drinking alcohol driving on at least two occasions on September 1, 2006 by a fine of 1.5 million won for a violation of road traffic law (driving) at the Daegu District Court on February 10, 201; a fine of 1.5 million won for the same crime from the Seog Branch Branch Branch Branch of the Daegu District Court on February 10, 201; and on August 18, 2014 from the Seocheon Branch Branch of the Daejeon District Court on August 18, 2014, for the same crime.

[Criminal facts]

1. On March 9, 2017, the Defendant was under the influence of alcohol content of 0.084% during blood transfusion around 22:40 on March 9, 2017, and operated approximately 300 meters at C 100 U.S. C 100 U.S. C from the front side of the Daegu Agu Ang-gu B to the front side of the 150 U.S. C 150 U.S. C.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the said C 10CC C 100 Orala, which did not purchase mandatory insurance at the same time and place as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) (in cases of drinking) of the Road Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 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 circumstances of the crime of this case, the defendant's age, sexual conduct, intelligence and environment, and circumstances after the crime, etc., and the punishment as ordered shall be determined by taking into account the various factors indicated in the arguments of this case.