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(영문) 대구지방법원 김천지원 2017.05.18 2016고단1505
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 15, 2011, the Defendant issued a summary order of KRW 4 million on July 27, 201, with a fine of KRW 5 million due to the same offense, etc., in the Daegu District Court Kimcheon-gu branch of the Daegu District Court, on January 27, 2012, the above court issued a summary order of KRW 5 million due to the same offense, etc.

Although the Defendant had been punished for drinking driving two times as above, around October 7, 2016, the Defendant driven DK7 automobiles with approximately 0.156% alcohol content in the 100-meter section from the front side of the Simn Maskin’s Maskin’s Maskin’s Maskn’s Maskn’s Maskn’s Maskn’s Maskn’s Maskn’s Maskn’s Maskn’s Maskn’s Masn

Defendant 2 had been punished twice or more due to drinking driving as above. On November 18, 2016, Defendant 2 operated DK7 cars from the 2km section to the 2km road of the Sinsi-dong in the Gunsi-si, Sinsi-dong with alcohol content of 0.118% under the influence of alcohol during the influence of alcohol on November 21, 2016.

Summary of Evidence

"2016 Highest 1505"

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. (A), a copy of an inquiry letter, such as criminal history, and a copy of an inquiry letter (A), investigation report (referring to the same kind of force), and a summary order "20, grouped 1820";

1. Statement by the defendant in court;

1. Statement of the circumstances concerning the driver at the main place of business (A);

1. Inquiries about the results of crackdown on driving alcohol (A)

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense, the choice of imprisonment, and each of the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation and observation of protection and the order of community service order Article 62-2 of the Criminal Act, the same criminal record of sentencing, the fact that the person was charged with re-offending while the person was already prosecuted, the degree of drinking alcohol measurement, the defendant's age, sexual behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc. are shown in the arguments.

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