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(영문) 대구지방법원 김천지원 2017.11.07 2017고단1130
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On January 3, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and a summary order of KRW 3 million for the same crime from the Daegu District Court Kimcheon on August 1, 2014.

[2] On June 29, 2017, at around 05:55, the Defendant driven the B1 ton of alcohol vehicle at approximately 10 meters away from the 10-meter section of blood alcohol level to the front road of the Ma-dong, Ma-dong, Kimcheon-si, an anti-ri restaurant located in Kimcheon-si, Kimcheon-si, while under the influence of alcohol by 0.157%.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle 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 an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same kind) statute;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant has already been subject to criminal punishment twice for the same crime.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is high.

However, the defendant is against the law.

The defendant has no history of criminal punishment exceeding a fine.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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