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(영문) 대구지방법원 김천지원 2017.06.15 2017고단28
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 1, 2007, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 4 million for the same crime on November 4, 2014, in the Daegu District Court Kimcheon-cheon, as a crime of violating the Road Traffic Act (drinking driving).

Defendant had been punished for driving alcohol more than twice as above, but around December 29, 2016, at around 20 meters prior to the 20-meter road in front of the office of the scambling in the Gu-U.S., the Defendant driven B Sc-type car under the influence of alcohol content of at least 0.073%.

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. Application of Acts and subordinate statutes to a response to inquiries, such as criminal history, (A), a report on investigation (referring to the same kind of force), and a copy of a summary order;

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. On November 4, 2014, on the grounds of sentencing under Article 62-2 of the Criminal Act, the same sentence as the order shall be sentenced in consideration of the records of driving of the same kind of drinking alcohol, the time of the crime, the measurement of drinking, the circumstances of the crime, the reflects the fact that the defendant's age, sexual behavior, and environment are committed, and other various conditions of sentencing specified in pleadings, such as the defendant's age, sexual behavior, environment, etc.

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