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(영문) 대구지방법원 김천지원 2017.11.02 2017고단898
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 July 31, 2007, the Defendant was issued a summary order of KRW 3.5 million as a fine for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 2 million as a crime of violation of the Road Traffic Act (dacting driving) in the same court on November 6, 2009.

On June 1, 2017, at around 00:47, the Defendant, from the 3 main apartment parking lot located in the Seocheon-si, Kimcheon-si, Kimcheon-si, the Defendant driven Bho-do car under the influence of alcohol content of about 0.179% among blood while under the influence of alcohol content of about 4km from around the 3rd main apartment parking lot to the on-road side of the shot-si of the shot-si in the Yan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver under driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal records and attachment of judgment prior to a violation of road traffic laws by a suspect A), and 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 punishment as ordered shall be determined in full view of all the circumstances such as the record of the crime committed on the grounds of sentencing under Article 62-2 of the Criminal Act, including the record of the crime, the record of the measurement of drinking alcohol in this case, the background of the crime, the occurrence of the accident, the age of the accused, the sexual behavior, and the environment;

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