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(영문) 대구지방법원 김천지원 2017.11.07 2017고단1152
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

[criminal history] On July 24, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon Branch of the Republic of Korea, and a summary order of KRW 3.5 million as a fine for the same crime in the same court on January 31, 2013, respectively.

[2] The Defendant: (a) was a person who was subject to criminal punishment for a violation of the Road Traffic Act (driving of alcohol) not less than twice as above; and (b) was driving a Rab car under the influence of alcohol with approximately 0.092% of alcohol content from the 2km section of approximately 2km from the parking lot of the dead-do death in North-gu, North-si, Si/Gun on August 1, 2017 to the 17th coast at the port of port.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification twice the criminal records of the suspect's drinking driving) statute;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment twice due to driving of drinking alcohol.

However, the defendant is against the law.

The defendant has no history of criminal punishment exceeding a fine.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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