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(영문) 대구지방법원 김천지원 2018.01.11 2017고단1349
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

On December 1, 2008, the Defendant has been in violation of Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 1,50,000,000 for a fine for a violation of the Road Traffic Act, and on July 26, 201, the same court issued a summary order of KRW 5 million for the same crime, etc. on at least two occasions.

On September 2, 2017, the Defendant driven B car under the influence of alcohol concentration of 0.118% from the 5km section of approximately 5km to the intersection located in the Gu-Si Maokdong-dong-si, Gu-si, Si-si, Si-si, from around 08:46 to the intersection located in 9:66 degrees from the date of the export of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of crackdown on the driving of drinking and a statement in the circumstances of the driver;

1. An accident scene photograph and a survey report on actual conditions;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (report on confirmation before and twice the driving of the same kind of drinking), and application of a copy of summary order Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 punishment as ordered shall be determined by comprehensively taking account of all the conditions of sentencing, including the records of the crime of drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, the time of the crime, the amount of alcohol content in the blood of this case, the occurrence of traffic accidents, the circumstances of the crime, reflectivity, and the fact that there is no previous conviction exceeding the fine, etc.

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