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(영문) 대구지방법원 안동지원 2017.09.15 2017고단280
도로교통법위반(음주운전)
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On February 15, 2007, the Defendant was sentenced to a suspended sentence of two years for a year due to a violation of the Road Traffic Act in the support of the Chungcheong District Court on February 15, 2007. On August 6, 2012, the Defendant was sentenced to a summary order of KRW 1.5 million due to a violation of the Road Traffic Act at the Gwangju District Court on August 6, 2012.

On May 11, 2017, the Defendant driven approximately KRW 500 m2 K5 m2 from the front of the road to the permanent university of 163 m2,00 m2, to the front of the 6 m2,000 m2, 0.061 m2 under the influence of alcohol while under the influence of alcohol during blood at around 0.061%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence and arrest of the case, inquiry of the results of crackdown on drinking driving, and a statement of the situation of the driver of the drinking;

1. Each report on investigation;

1. A report on internal investigation:

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

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. The reason for sentencing of Article 62-2 of the Criminal Act on taking lectures and community service order is that the defendant had been punished for the crime of drinking alcohol driving twice as stated in its reasoning, but the crime of this case is committed is disadvantageous to the defendant.

The Defendant’s confession and reflects all of the instant crimes, and the Defendant’s blood alcohol concentration is not very high, and the driving distance is not remote is favorable to the Defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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