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(영문) 대구지방법원 김천지원 2016.06.10 2016고단189
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[Power of crime] On February 27, 2009, the Defendant was issued a summary order of KRW 6 million for a violation of road traffic law in the Daegu District Court Kimcheon-cheon, etc., and on August 21, 2009, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court.

In addition, on October 6, 2015, the Defendant was sentenced to a three-year suspended sentence of imprisonment with prison labor for the crime of bodily injury in the Daegu District Court Kimcheon, and the said judgment became final and conclusive on June 3, 2016.

[2] Although Defendant 1 had a record of driving alcohol more than twice as above, Defendant 2 driven a B-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo-Woo, on February 21, 2016, from around 1k-Woo-Woo-Woo-Woo-Woo-Woo-W

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 a reply to inquiry, such as criminal history, investigation report (reports on previous convictions in disposition and results confirmation, and confirmation that they are pending in trial in the case of a suspect's resistance);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education does not lower the alcohol content of the blood of this case as 0.111%, and the Defendant committed the instant crime while the appellate trial in the instant case resulting from the above bodily injury for which the judgment became final and conclusive, and the Defendant is punished for driving alcohol.

However, the defendant acknowledges the facts charged and is against the law, and does not repeat the crime.

In addition, the crime of this case is in the relation of concurrent crimes after Article 37 of the Criminal Act with the crime of death resulting from the above injury for which judgment has become final and conclusive.

The age, sex, environment, circumstances after the crime, etc. of the defendant.

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