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(영문) 대구지방법원 김천지원 2017.12.06 2017고단1487

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] On September 20, 2010, the Defendant issued a summary order of KRW 1.5 million for the same crime from the Daegu District Court's support for Kimcheon on January 29, 201, to a fine of KRW 1.5 million for the same crime.

[2] On September 17, 2017, the Defendant was under the influence of alcohol content of 0.118% in blood around 23:15, while driving a BM5 vehicle at a section of approximately 500 meters from the Geumsan shop in the south-dong of the Gu, to the roads next to the Geumsan reservoir in the same Dong and located in the same Dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

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 (referring to the same previous convictions);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 Code of the community service order and the order to attend the lecture of this case is that the defendant, who had been punished twice due to drinking driving, did not engage in the drinking of this case while driving the drinking of this case. After the crackdown on driving the drinking of this case, the defendant refused to affix a seal to the police in the course of the investigation, made a statement to "after being identified," in relation to the motor for drinking, etc., and there is no attitude in the court, and there is no light contrary to the attitude in the court, and the defendant's age, occupation, and alcohol concentration at the time of the enforcement of the sentence, and the execution of the sentence is suspended and ordered to take lectures in community service and law-abiding driving.