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(영문) 대구지방법원 2017.10.26 2017고단4860
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

[criminal history] On June 18, 2007, the Defendant, at the Seoggu District Court Branch Branch of the Daegu District Court, issued a summary order of KRW 2 million for a crime of violating road traffic laws (drinking), and on April 30, 2012, issued a summary order of KRW 5 million for a crime of violating road traffic laws (drinking) at the Jeonju District Court Branch Branch of the Jeonju District Court on April 30, 201, on two or more occasions.

[Criminal facts] On August 13, 2017, the Defendant driven the nived car of B Abbbbbum with alcohol content of about 0.103% 0.103% under the influence of alcohol from the 4km section from the parking lot of the memorial hall in Daegu-gu, Seoul-gu to the Gyeong-gu, Incheon-gu, the compensation movement for state bonds from the parking lot of the memorial hall for the compensation movement to the Gyeong-gu, Daegu-gu, Daegu-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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 grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.

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