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(영문) 대구지방법원 2017.10.12 2017고단4080
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] The Defendant was punished by a fine of KRW 700,000 for a violation of road traffic law in the Daegu District Court Kimcheon on October 25, 201, and a fine of KRW 4 million for a violation of road traffic law in the same court on December 30, 2014 and was punished by a fine of KRW 4 million for a violation of road traffic law at least twice.

[2] On July 2, 2017, the Defendant driven C Lasta car at a distance of about 40 meters from the franchisium, 0.117% alcohol level, while under the influence of alcohol level from blood around 22:20, the Defendant driven C Haststa car at a distance of about 40 meters from the franchisium, Eup below the franchisium to the franchisium under the management of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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 grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.

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