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(영문) 대구지방법원 김천지원 2018.01.18 2017고단1318
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

On February 4, 2010, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 1 million by the same court on September 10, 2015.

On August 27, 2017, the Defendant driven a D S-type car under the influence of alcohol content of about 0.10% from the section of about 3 kilometers from the French-si, Gosi-si, Gosi-si to the front intersection of treatment apartment in about 26-lane 11, old-si, Gosi-si, Gosi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual condition, report on the circumstances of the driver involved in driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), and summary order-making Acts and subordinate statutes;

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. 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. Taking into account all the sentencing conditions, including the record of the crime of drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, the time of the crime, the amount of alcohol concentration in the blood of this case, the circumstances leading to the crime and the disposal of the vehicle to the effect that the person will not repeat the crime

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