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(영문) 대구지방법원 2017.07.20 2017고단2979
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] On March 15, 2010, the Defendant is a person who has at least two times the driving force of drinking, such as receiving a summary order of a fine of 1.5 million won for a crime of violating road traffic laws at the Ulsan District Court on March 15, 201, and receiving a summary order of a fine of 4 million won for the same crime at the Busan District Court on April 24, 2014.

[2] On May 24, 2017, the Defendant: (a) driven a D rocketing car under the influence of alcohol content of about 1km from around 03:25 to the front road of the Gu Resident Stackdong-gu, Daegubuk-gu; (b) around 03:25, to the front road of the Gu Resident Stackdong-gu, Daegu-gu; and (c) around 0.106% of alcohol content 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 in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, 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 frequency 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, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.

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