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(영문) 대구지방법원 김천지원 2018.01.16 2017고단1651

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 28, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and on June 30, 2015, the Defendant was issued a summary order of KRW 1.5 million for the same crime in the same court. On September 10, 2015, the Defendant was issued a summary order of KRW 6 million for the same crime in the same court.

[2] On November 3, 2017, the Defendant: (a) driven a Bran vehicle while under the influence of alcohol leveling 0.068% from the 3km section of LG located in Gumipo-si, Gumipo-si, Gumipo-si, around 12:0 on November 3, 2017 to the 3km of Gumipo-si factory, thereby under the influence of alcohol leveling to 0.068%.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 20

1. Article 62(1) of the Criminal Act on the suspension of execution (restatement of the aforementioned circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;