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(영문) 대구지방법원 서부지원 2017.05.11 2017고단251

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 July 9, 2008, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Seogu District Court branch on July 9, 2008, and on February 19, 2009, issued a summary order of 1 million won for the same crime at the Daegu District Court.

Defendant: (a) who violated the foregoing provision on prohibition of drinking alcohol driving twice or more on January 14, 2017; and (b) around 06:50 on January 14, 2017, at the 329-west-gu Seoul Metropolitan City parking lot from the 329-west-ro parking lot to the NAN-ro of the same Gu, the Defendant used approximately 1.5 km alcohol concentration in blood while under the influence of alcohol content 0.144%; and (c) the summary of the evidence of evidence of driving Category B A-W-W-W-W-W-C

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the circumstances of a driver who is placed in driving, report on the results of regulating the driving of alcohol, and appraisal report on alcohol concentration during blood;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 fact that the reasons for sentencing under Article 62-2 of the Criminal Act include no criminal records exceeding the fine imposed on the accused, and that the depth of the sentence is divided, shall be determined in consideration of the circumstances favorable to the accused; and