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(영문) 대구지방법원 김천지원 2019.07.16 2019고단530
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On November 12, 2007, the Defendant received a summary order of KRW 1 million for the crime of violating the Road Traffic Act from the Daegu District Court Kimcheon-do branch on November 12, 2007, a summary order of KRW 7 million for the same crime from the same support on January 30, 2009, and a summary order of KRW 2 million for the same crime from the same support on December 16, 2009, respectively.

Although the Defendant violated the provision on the prohibition of drunk driving more than twice as above, the Defendant driven a F rocketing car under the influence of alcohol content of about 0.079% at the 5km section from May 1, 2019 to the front road located in Gumi-si D, Gumi-si around May 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Criminal records, repeated statements, investigation reports, and application of each summary order statute;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures or community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to one year and six months;

2. Application of the sentencing criteria: No sentencing criteria are set. 3. In view of the fact that a defendant who has been sentenced on several occasions for driving under the influence of alcohol, once again drives under the influence of alcohol, and the driving distance is long, there is no possibility of criticism.

However, the fact that the defendant is seriously against the crime, and that there is no sentence of imprisonment due to the same kind of crime, etc. are considered in determining the sentencing.

In addition to the above various circumstances, the defendant's age and environment.

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