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(영문) 대구지방법원 김천지원 2017.12.12 2017고단1293
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

On August 9, 2017, the Defendant was under the influence of alcohol content of 0.112% among blood transfusions on August 21:5, 2017, and was driving a car with B low-speed in the section of about 3km from the 3km to the clockd road located in Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the circumstances of driving a drinking driver, reports on the circumstances of a drinking driver, and inquiries about the results of regulating drinking;

1. Relevant legal provisions and Articles 148-2 (2) 2 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times due to driving of alcohol and one-time criminal punishment due to the refusal to measure drinking.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is also high.

However, the defendant is re-competing.

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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