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(영문) 대구지방법원 김천지원 2017.09.21 2017고단689
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2013, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) by supporting the Daegu District Court Kimcheon on July 12, 2013, and on October 16, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for the same crime in the above court.

Although the Defendant was punished as a crime of violating the Road Traffic Act (drinking) not less than twice as above, on April 23, 2017, the Defendant driven a B-L car under the influence of alcohol content of about 0.12 percent from the 7km section of approximately 0.12 percent of alcohol content in blood, from the front side of the south-gu, Daegu-dong, Daegu-gu, Daegu-gu, Seoul-gu, to the front side of the Yandong-gu, Seogu, Seogdong-gu, Seogdong-gu, Seogu, Seogu, Seogu-gu to the front side of Daegu-gu, Seogol-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, report on investigation (the previous, confirmation and report attached to the judgment);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined in full view of the records of the same crime for the reason of sentencing under Article 62-2 of the Criminal Act (including all criminal facts, which have been committed three times in total) and the time of the crime, the numerical value of the drinking of this case, the age of the defendant, sexual behavior, environment, family relationship, etc.;

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