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(영문) 대구지방법원 김천지원 2018.03.08 2017고단1753

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 October 22, 2017, the Defendant driven a B observer car under the influence of alcohol content of approximately 0.221% in blood, from a road where it is impossible to identify the address not exceeding the south of Kimcheon-si, Kimcheon-si to the same-sex pipeline in the deaf-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (limited to attachment of a response letter to a request for appraisal), and a written inquiry about the results of crackdown on driving alcohol (blood collection results);

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article of the Act and Articles 148-2 (2) 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. In full view of all the sentencing conditions, including the fact that the amount of alcohol content is high in blood for the reason of sentencing under Article 62-2 of the Criminal Act, the occurrence of traffic accidents, the fact that there was a previous and single fine for the same kind of fine in 2003, the circumstances leading to the crime, the background leading to the crime, the opposite nature, the defendant's age, sexual behavior, environment, etc., the punishment as ordered shall be determined