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(영문) 대구지방법원 김천지원 2017.08.10 2017고단533
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

In the Daegu District Court on May 8, 2009, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch on the same support as the same crime, and on January 11, 2013, the Defendant was sentenced to imprisonment for eight months and two years of suspended execution.

On March 5, 2017, at around 07:05, the Defendant driven Bsch Rexn car in the drunken state with approximately 2k-meter alcohol concentration of about 0.08% from 0.08% from 2k meters to 1-lane 9, Kimcheon-si, Kimcheon-si, and the front side of the Korean household shock.

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: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. In addition to the driving record of drinking as stated in the judgment of sentencing of Article 62-2 of the Criminal Act, observation of protection, community service and order to attend lectures, the number of criminal records of the same kind and the measurement of drinking of this case and other circumstances such as character, conduct and environment of the accused;

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