(영문) 대구지방법원 2017.04.27 2017고단743

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(영문) 대구지방법원 2017.04.27 2017고단743

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 was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Daegu District Court on March 2, 2007, and on November 28, 2007, the defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act. The defendant was sentenced to imprisonment with prison labor for the same crime in the same court on November 28, 2007, and two or more times for a suspended sentence.

[2] On January 12, 2017, the Defendant driven a B car with approximately 200 meters up to 30 meters up to 30 meters in front of the Daegu Tran apartment located in the same Ri located in the front side of the Jinsan-si's Jin-si, under the influence of alcohol content of 0.097% in blood around 19:43, the Defendant was under the influence of alcohol during blood.

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: Application of Acts and subordinate statutes, such as a reply to inquiries, investigation reports, and judgment, 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 number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age

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