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(영문) 대구지방법원 김천지원 2017.08.29 2017고단653

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four 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

On May 15, 2017, the Defendant driven a coo car in B while under the influence of alcohol content of about 0.078% from the front of the upper flusium community service center located in the Gui-si, Sii-si to the front day of the glusium of about 100 meters, from the front of the flusium community service center in the Gui-si, Sii-si to the front day of the glusium of the Gui-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the circumstances of driving a drinking driver, reports on the circumstances of a drinking driver, and inquiries about the results of regulating drinking;

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment for the same crime three times.

On February 26, 2017, the Defendant driven a drinking alcohol and was issued a summary order on March 30, 2017. On April 22, 2017, the Defendant committed the instant crime even though the summary order became final and conclusive on April 22, 2017.

However, the defendant is against the law.

There is no record of criminal punishment exceeding fines for the same crime.

In the above circumstances, the sentencing conditions of the defendant, including the defendant's blood alcohol concentration at the time of the crime of this case, including the defendant's age, sex, family relation, and circumstances after the crime, shall be determined as per the order.