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(영문) 대구지방법원 2017.08.17 2017고단3322
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

[criminal history] On June 21, 2007, the Defendant: (a) at the Daegu District Court, issued a summary order of KRW 500,000,000 for a fine for a violation of the Road Traffic Act; (b) on October 4, 2012, the same court issued a summary order of KRW 1 million for the same crime; and (c) on November 21, 2014, the Defendant received a summary order of KRW 5 million for the same crime from the same court on at least two occasions.

[Criminal facts] Around 00:40 on June 15, 2017, the Defendant passed a 4-meter DNA car in order to park under the influence of alcohol concentration of 0.136% in front of the blood on the road located in the Daegu Suwon-si B. In order to park under the influence of alcohol level of 0.136%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture is the frequency and time when the defendant was punished for the same kind of crime, the degree of alcohol in blood at the time of driving the drinking of this case, and the crime of this case has been driven for parking by the defendant, considering the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and the punishment is determined as ordered by the order.

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