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(영문) 대구지방법원 김천지원 2017.11.23 2017고단1244

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

In the Daegu District Court on November 8, 2006, the Defendant issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving), and on March 4, 2009, the same court received a summary order of KRW 1.5 million for the same crime.

On July 25, 2017, the Defendant driven a passenger car with approximately 200 meters alcohol content from a section of about 0.205% in blood while under the influence of alcohol at around 0.205% under the influence of alcohol, from the street in the vicinity of the passenger restaurant located in the Yellow-si, Sinsi, Sinsi, Sinsi, in the same Dong to the parallel of the parallel of the parallel of the mountain.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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 drinking alcohol driving, the time of the crime, the measurement of drinking alcohol of this case, the background leading to the crime, the background leading up to the crime, the fact that there is no previous conviction exceeding the same kind of fine, the age, sexual behavior and environment of the defendant, etc. shall be determined as ordered by taking into account the whole circumstances such as the punishment under Article 62-2 of the Criminal Act;