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(영문) 대구지방법원 김천지원 2017.12.07 2017고단1178
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

On May 31, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act, and a fine of KRW 3.5 million for the same crime in the same court on October 6, 2011, respectively.

On August 8, 2017, at around 04:0, the Defendant driven BM3 car in the state of alcohol alcohol concentration of approximately 1.5km from the front of the main road of the “Hague,” located in the Dobong-si, Sin-si, Young-si, Seoul Special Metropolitan City, to the front road of the Jinho-si, Seoul Special Metropolitan City.

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 a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), and summary order-making Acts and subordinate statutes;

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. 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 records of the crime of the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the time of the crime, the numerical value of alcohol measurement, the background of the driving of drinking, the fact that there is no criminal record of exceeding the fine of the same kind, the age, sex behavior, environment, etc. of the defendant and other circumstances

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