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(영문) 대구지방법원 김천지원 2017.11.21 2017고단1413
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 6, 2010, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 1,50,000 as a fine for the same crime in the same court on January 18, 2013, respectively.

[2] Although Defendant 1 had been punished for drinking more than twice as above, Defendant 2 driven B-low-income cars under the influence of alcohol at approximately 50 meters in the section of approximately 00 meters alcohol concentration from the front of theme park located in the Dobong-si in the Guro-si, Seoul Special Metropolitan City, around September 20, 2017 to the front road in the Gu-Si, Sinsi-si, Seoul Special Metropolitan City, in spite of the past history of punishment for drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant has already been subject to criminal punishment twice for the same crime.

However, the defendant is re-competing.

The defendant has no history of criminal punishment exceeding a fine.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant was relatively high.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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