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(영문) 대구지방법원 2017.04.20 2017고단586
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

[criminal history] On August 8, 2014, the Defendant was notified of a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court. On December 26, 2014, the Defendant was notified of a fine of KRW 5 million for the same crime in the same court.

[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; (b) was driving a BTball car in the state of alcohol alcohol leveling 0.185% from the 1km section of approximately 1km to the neast-dong located in the Gyeyang-si, Busan Metropolitan City, on January 15, 2017, when the paths located in the 07:50 square meters-si, Busan Metropolitan City at around 07:50, Jan. 15, 2017.

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 driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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 number and time of sentencing under Article 62-2 of the Criminal Act, the number of times and time when the defendant was punished for committing the same kind of crime, the degree of alcohol concentration in blood at the time of driving the drinking of this case, the risk of driving drinking has been realized by causing traffic accidents involving the defendant's driving of drinking, and the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and other various sentencing factors indicated in the arguments of this case, such as the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime

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