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(영문) 대구지방법원 2017.06.08 2017고단1757
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 8, 2014, the Defendant was sentenced to a fine of four million won for a crime of violating road traffic laws (drinking driving) at the Daegu District Court on the same day, and on May 30, 2014, the Defendant was sentenced to a fine of three million won for the same crime and was sentenced to a fine of three million won or more for drinking driving.

On March 24, 2017, at around 20:45, the Defendant driven B K5 cars with alcohol content of about 0.098% while under the influence of alcohol at approximately 200 meters from the front side of the restaurant to the front side of the Pacific Eup in the same Eup/Myeon.

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 reason for sentencing under Article 62-2 of the Criminal Act, the number of times 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, intelligence and environment, motive, means and consequence of the crime, and other various reasons for sentencing as shown in the argument of this case, such as the circumstances after the crime, shall be determined as ordered.

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