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(영문) 대구지방법원 김천지원 2017.08.09 2017고단585
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 August 1, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (driving) from the Suwon District Court on August 1, 2007, and on March 4, 2015, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (driving) from the Daegu District Court Kimcheon support.

Criminal facts

On April 19, 2017, at around 15:45, the Defendant driven C rocketing car under the influence of alcohol concentration of about 0.225% at a section of about 100 meters before the camping site located in the same Dong on the front of the parking lot of the Geum Musan Camp, which is in the south-gu, Sinmi-si.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he/she had been punished more than twice for a violation of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A report on the occurrence of a traffic accident, an accident scene photograph, a actual condition survey report, and on-site photograph;

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 (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

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. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: The fact that blood alcohol concentration is very high and the fact that the person has been punished for the same kind of crime twice again;

(k) favorable circumstances: The fact that the defendant reflects the defendant's mistake in depth, and that the defendant will not drive the vehicle again after the vehicle has been scrapped by the defendant.

divers

- In full view of all other circumstances, such as the defendant's age, sex, environment, and circumstances after the crime, and the sentencing conditions specified in the records and arguments of this case, the punishment shall be determined as ordered.

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