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(영문) 대구지방법원 김천지원 2017.11.23 2017고단1250
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

In the Daegu District Court on September 3, 2014, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 1,50,00 for a crime of violating the Road Traffic Act, and on March 30, 2015, the same court received a summary order of KRW 4,50,000 for a fine for the same crime.

On July 19, 2017, the Defendant driven B K7 car under the influence of alcohol with approximately 500 meters alcohol concentration at a section of about 0.169% from the front of the land-fung cafeteria, which is located in the Dobong-si, Seoul Special Metropolitan City, to the front of the mountain Gung cafeteria, located in the same Dong.

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 a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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. 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 into account the following circumstances: the record of the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act, the time of the crime, the numerical value of the drinking alcohol measurement of this case, the motive for the crime, the age, sexual behavior, environment, family relation, etc. of the defendant;

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