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(영문) 대구지방법원 김천지원 2017.09.12 2017고단693
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 November 3, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and a summary order of KRW 1.5 million for the same crime in the same court on September 12, 2007, respectively.

[2] Although Defendant 1 was punished as a crime of violating the Road Traffic Act (drinking) more than twice as above, Defendant 2 driven B car with alcohol content of about 0.142% from the 2km section of approximately 2km from the front day of the flagpole to the front day of the original 63 U.S. in the Gu-U.S.-U. 2 Corporation, where the trade name in the Gu-U.S. Gam-dong is unknown at around 07:5 on March 11, 2017, and the name in the Gu-U.S. 2nd road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol concentration in the blood;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect A drinking driving force and attachment of judgment attached thereto);

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 under Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment for the same crime three times.

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

However, the defendant is against the law.

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

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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