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(영문) 대구지방법원 김천지원 2018.01.18 2017고단1415
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 December 21, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon-cheon, and KRW 1.5 million as a fine for a violation of road traffic law at the Daegu District Court on January 13, 2015.

Although the Defendant had been punished for drinking two or more times as above, on September 9, 2017, the Defendant driven B Kan-kin car under the influence of alcohol concentration of approximately 0.091% from the front side of the Sinsi-dong Sin-si Sin-si Sin-si Sin-si, Seoul, to the front side of the Sinsi-si, Nam-gu, Seoul-si, Seoul-si, with a view to approximately 200 meters alcohol level from the 200m section, to the Gunsi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement, investigation report, and inquiry into the results of crackdown on drinking driving;

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. 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. Comprehensively taking into account all the conditions of sentencing, 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, reflectivity, and the fact that there is no previous conviction exceeding the fine, etc.,

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