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(영문) 대구지방법원 김천지원 2017.11.30 2017고단1137
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 June 18, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon Branch on the grounds of a violation of road traffic law, and KRW 2,00,000 as a fine for a violation of road traffic law in the Daegu District Court Kimcheon on January 17, 201.

Although the Defendant had been punished for drinking driving two or more times as above, he driven B K5 cars in the state of alcohol alcohol concentration of about 0.185% from the 4km section from July 7, 2017 to the Kale-dong Kimcheon-si Road, Kimcheon-si, Kimcheon-si around 03:26 around July 7, 2017.

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, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. In full view of the overall circumstances shown in pleadings, such as the record of the same kind of crime, the time of the crime, the measurement of drinking, the occurrence of traffic accidents, the background and reflect of the crime, the defendant's age, sexual conduct, environment, and circumstances after the crime, etc., the punishment as stated in the Disposition shall be determined in the Criminal Act;

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