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(영문) 대구지방법원 김천지원 2017.11.23 2017고단1252

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 20, 2006, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon-cheon branch on December 20, 2006, and on February 4, 2010, the same court received a summary order of KRW 4 million due to the same crime, etc.

On August 17, 2017, the Defendant driven BM car under the influence of alcohol with approximately 0.064% alcohol concentration from a section of approximately 500 meters away from the front of the Y apartment road located in the old-si Maokdong, Sinsi-si, Sinsi-si, to the tower outside the front of the Dong and the front road in the same Dong.

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 (Attachment of judgment, etc.);

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 records of the crime of the same kind (three times in total) and the time of the crime for sentencing under Article 62-2 of the Criminal Act, the numerical value of drinking of this case, the circumstances leading to the crime, the background leading to the crime, reflectivity, the age of the defendant, sex behavior, environment, family relationship, etc.