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(영문) 대구지방법원 김천지원 2018.02.07 2017고단1649
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

[criminal history] On August 12, 2015, the Defendant was punished for drinking alcohol driving on at least two occasions by receiving a fine of 1.5 million won, a fine of 2 million won in the same court on June 10, 2010, and a summary order of a fine of 2 million won for the same crime, respectively, from the Daegu District Court Kimcheon-cheon Support for the Defendant.

[Criminal facts] On October 16, 2017, the Defendant driven a Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-

Accordingly, although the defendant had a record of driving a drinking vehicle more than twice, he again driven the car while under the influence of alcohol.

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 inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was subject to criminal punishment of a fine of KRW 2.5 million for a crime of violating the Traffic Act on or around April 2005, and a fine of KRW 7 million for the same crime on or around July 2005, and a fine of KRW 2 million for the same crime on or around June 2010, and a fine of KRW 1.5 million for the same crime on or around August 2015, it is difficult to punish the Defendant to commit the crime of drinking in this case on or around August 201.

However, there is no history that the defendant reflects his mistake and is subject to criminal punishment heavier than suspended execution.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.

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