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(영문) 대구지방법원 김천지원 2017.11.07 2017고단1133
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

On August 6, 2017, the Defendant was under the influence of alcohol content of 0.179% during blood transfusions, and the Defendant driven a B LV car at approximately 2km from the front of the restaurant in which the trade name in the Gu-U.S. Pyeong-dong is unknown to the front of the restaurant in which Gu-U.S. Jin-si’s Dong cannot be known to the road in the Gu-U.S.-si’s Dong.

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. Application of the statutes of the response request for appraisal;

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

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 under Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment twice due to driving of drinking alcohol.

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

However, the defendant is against the law.

A defendant has no record of criminal punishment exceeding a fine for the same crime.

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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