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(영문) 대구지방법원 김천지원 2018.01.24 2017고단1565
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 Force of Crimes】 The Defendant is a person who violated Article 44(1) of the Road Traffic Act on March 31, 2008, by receiving a summary order of a fine of one million won or more for a crime of violating road traffic law in the Daegu District Court Kimcheon-do, and a summary order of a fine of two million won or more for the same crime in the same court on October 29, 2010.

【Criminal facts】 On October 2, 2017, the Defendant driven a Crocketing car under the influence of alcohol leveling 0.108% from the section of about 800 meters from 23:43 meters from the slick Dold Slick Dold, which was located in the Southern-si, Nam-si, Seoul Special Metropolitan City, to the front road of the Geumsan reservoir located in the same Dong.

As a result, 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 a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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's act of driving drinking in this case without being able to do harm to the life, body, or property of another person as well as himself/herself even though he/she had been subject to four times or more due to driving of drinking, and the fact that the crime of driving drinking is an offense that may cause harm to the life, body, or property of another person is disadvantageous.

However, the defendant does not commit a second offense, such as pening wrong facts, disposing of vehicles, etc.

In addition, the records and changes of this case, such as the defendant's age, sex, environment, family relationship, and the circumstances after the crime, are favorable circumstances such as the fact that the defendant has no record of punishment heavier than the suspension of execution for the same crime.

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