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(영문) 대구지방법원 2017.05.25 2017고단1457
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

[criminal history] The Defendant is a person who has been punished by a fine of 2.5 million won at the Daegu District Court on Nov. 23, 2007 due to a violation of road traffic laws (driving), and seven million won at the same court on Apr. 20, 2010 due to the same crime, etc. and has been punished by a fine of 7 million won at least twice.

[2] On March 14, 2017, the Defendant, while under the influence of alcohol at around 0.108% during blood transfusion, driven BMF5 car at approximately 300 meters prior to the road in front of the examination site for the driver’s license of Daegu (Tai-dong) on the same road, after having been driven at the center of 0.108% under the influence of alcohol during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers who take driving and the results of crackdown on drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (applicable to the same type of judgment, etc.);

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 reason for sentencing under Article 62-2 of the Criminal Act, the number of times 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, intelligence and environment, motive, means and consequence of the crime, and other various reasons for sentencing as shown in the argument of this case, such as the circumstances after the crime, shall be determined as ordered.

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