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(영문) 대구지방법원 김천지원 2017.10.18 2017고단889
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 22, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon-cheon branch on October 22, 2009. On June 9, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving).

Although the Defendant had been punished for drinking more than twice as above, on May 27, 2017, 200: (a) around 00:15, the Defendant driven BP car 2 while under the influence of alcohol at approximately 0.076% in the direction of “packer”, which is in the upper and upper speed of the Gu, from the front of the “packer” road in the Gu and Si/Gu, to the front road of the “packer” in the Gu and Si/Gu, the Defendant driven BP car with the alcohol level of about 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant has had a record of being sentenced to a fine twice due to drinking driving, and the driving of drinking is an offense that may cause serious bodily harm to another person’s life and body and requires a strict punishment.

However, in light of the fact that the defendant recognized his mistake and reflected against the defendant, the fact that there is no other criminal records other than the above previous convictions, etc., the defendant shall be considered as favorable circumstances, and other circumstances, such as the background leading to driving of drinking in this case and the drinking volume, which form the conditions for sentencing as shown in the records and theories of changes, shall be determined as per the disposition.

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