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(영문) 대구지방법원 김천지원 2017.08.22 2017고단454
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On April 4, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court, and a fine of KRW 2.5 million for the same crime at the same court on May 10, 2010.

[2] Although Defendant 1 was punished as a crime of violating the Road Traffic Act (drinking) more than twice as above, Defendant 2 driven a Category B 1 knife XD car under the influence of approximately 0.124% alcohol concentration in the blood 2km from the front of the GaS25 convenience store located in 419, as the old Sinsi mountain, around March 18, 2017, to the front of the 422-day old Sinsiho Lake, the Defendant 2knife was under the influence of alcohol concentration in the blood 0.124%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and report on collection of blood from drinking drivers;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is not low.

However, the defendant is re-convened with the crime of this case.

The defendant has no history of criminal punishment exceeding a fine.

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, family relationship, and circumstances after the crime, including the background of driving the drinking of this case.

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