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(영문) 대구지방법원 김천지원 2017.08.22 2017고단424
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 November 27, 2009, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 1.5 million from the Daegu District Court Kimcheon on September 3, 2014 to a fine of KRW 1.5 million for the same crime.

[2] On February 11, 2017, at around 01:45, the Defendant driven a B-man car under the influence of alcohol content of approximately 0.219% from the 1km section from the blood alcohol level to the 1k-on Kim Don-dong, Kimcheon-si, Kimcheon-si, Kimcheon-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking, report on the circumstances of the driver driving a drinking, and inquiry into the results of crackdown on drinking;

1. Investigation report (in relation to the attachment of a written response to a request for appraisal);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order of the same type of crime) 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. For the reason of sentencing Article 62-2 of the Criminal Act, the Defendant’s blood alcohol concentration is high at the time of committing the instant crime.

The defendant has a record of criminal punishment twice for the same crime.

However, the defendant is re-competing.

There is no record of criminal punishment exceeding a fine for the same crime.

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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