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(영문) 대구지방법원 2017.05.11 2017고단870
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 15, 2008, the defendant was issued a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving), and on September 24, 2008, the same court issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving), and on December 3, 2009, the defendant was sentenced to a suspended sentence of ten months for a violation of road traffic law (drinking driving) in the support of the Daegu District Court Kimcheon on December 3, 2009.

[Criminal facts] The Defendant is a B rocketing driver.

On January 15, 2017, the Defendant driven around 08:01, while under the influence of alcohol content of about 1 0.130% in blood, the Defendant driven a section of approximately 1 kilometer from the street in front of the mutual influent drinking house located in the same mountain-dong in the same Gu.

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 written inquiries about criminal history and other Acts and subordinate statutes;

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 number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age

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