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(영문) 대구지방법원 2017.07.13 2017고단2134
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 March 8, 2007, the Defendant issued a fine of KRW 3 million to a violation of the Road Traffic Act (drinking driving) at the Daegu District Court on March 8, 2007, and a fine of KRW 1 million to a violation of the Road Traffic Act (drinking driving) at the Daegu District Court on August 6, 2012.

On March 11, 2017, the Defendant, while under the influence of alcohol leveling 0.098% from blood alcohol leveling around 07:37, driving a 10km C Poter vehicle from the front day of the Busan Northern-gu Busan Northern-dong to the front day of the same month, in the end of the road in the same month-gu Seogu Pung-dong.

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 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 grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.

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