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(영문) 대구지방법원 김천지원 2017.07.06 2017고단361
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 13, 2007, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving), and on May 27, 2010, the above court was sentenced to a suspended sentence of 10 months and 2 years for the same crime.

Although the Defendant was punished as a crime of violating the Road Traffic Act at least twice as above, on March 5, 2017, the Defendant driven B-low-water vehicle under the influence of alcohol content of approximately 0.086% in the 2km section from the roads near the Seo-gu, Seo-gu, Daegu to the roads of the same Gu, Seo-gu, Seo-gu, Singu, to the front of the road.

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. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. 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. All the circumstances such as the record of drinking driving and the time of the crime, the amount of alcohol concentration in the blood of this case, the circumstances leading to the crime, the Defendant’s environment, family relationship, etc. as stated in the reasoning of sentencing under Article 62-2 of the Criminal Act;

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