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(영문) 대구지방법원 김천지원 2017.10.26 2017고단717
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 7, 2007, the Defendant received a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) in the same court on November 12, 2012.

Despite the fact that the Defendant had been punished twice due to drinking, on April 4, 2017, at around 21:00, the Defendant driven a C-hand car with approximately 2 km alcohol concentration of about 0.29% in blood again through a 12-lane parking lot from the front side of the ambropo-dong 3-ro, a commercial letter to the front side of the ambropo-dong 12-ro, and then driven the said ambling car in the state of alcohol concentration of about 0.29% in blood. From around 00:05 on April 5, 2017, around 3:00:05, the Defendant driven the above 05% alcohol concentration in the front of the ambropo-dong ambropo-dong 12-ro from the front of the ambropo-dong ambro 3-ro 12-ro, a commercial letter.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of each driving driver, and inquiry into the results of regulating drinking driving;

1. A report on internal investigation (as regards black stuffs images and photographs):

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The records of the crime as indicated in the grounds for sentencing under Article 62-2 of the Criminal Act, the time of the crime, the fact that a person drives a vehicle again after the control of his primary drinking driving, the fact that each drinking alcohol measurement is highly high, the course and motive of the crime, and the fact that the health is not good, the defendant's age, sex behavior, environment, etc.

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