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(영문) 대구지방법원 2017.11.23 2017고단5288
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

[criminal history] The Defendant, at the Daegu District Court on June 22, 2009, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and the same court issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), on May 20, 2016, on two or more occasions, for a person who has driven under the influence of alcohol.

[2] On August 4, 2017, at around 02:00, the Defendant driven B rocketing car volume at approximately 0.145% alcohol concentration in blood at the section of about 100 meters from the 100m to the 21-lane 20, in front of the office restaurant at the actual cost, which is located in the Gyeongsan-si in the Gyeongsan-si, Gyeongsan-si, Gyeongsan-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

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 written inquiries about criminal history and other Acts and subordinate statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.

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