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대구지방법원 2017.06.01 2017고단1756
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 December 4, 2006, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. in the Daegu District Court Kimcheon-cheon, and on August 22, 2007, the Defendant was sentenced to imprisonment for six months and two years of suspended execution. On September 16, 2009, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (drinking driving) and two years of suspended execution. On September 16, 2009, the Defendant was sentenced to imprisonment for ten months and two years of suspended execution. On June 18, 2012, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) and was sentenced to a fine of KRW 1.5 million at least twice in the same court.

On March 19, 2017, the Defendant driven BM 735L car under the influence of alcohol concentration of about 0.05% at a section of approximately 3km before a 3km road in front of a cafeteria, where it is impossible to know the trade name located in the Gu-Si, Si-si, Si-si, Si-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a copy of a summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: The defendant has been punished for driving under drinking more than one time, and the above punishment records include two times of suspended sentence, but the crime of this case has been committed.

The favorable circumstances: The alcohol concentration among the blood of the defendant is the numerical value.