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(영문) 대구지방법원 2018.01.25 2017고단6504
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

[criminal history] The Defendant was punished by a fine of KRW 1.5 million for a violation of road traffic law at the Daegu District Court on November 8, 201, a fine of KRW 2 million for the same crime at the same court on June 29, 2012, and a fine of KRW 8 months for the same crime at the Seo branch court of the Daegu District Court on April 19, 2013, and two or more times for the same crime.

[2] On October 17, 2017, the Defendant was under the influence of alcohol content of 0.094% during blood transfusion around 21:50 on Oct. 17, 2017, the Defendant driven Brocketing car at a distance of about 100 meters from the front day of the restaurant, which is not aware of the trade name of the Korean government box located in the Daegu Suwon-dong, up to 21:55 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation, text of judgment, and summary order-making statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.

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