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(영문) 대구지방법원 김천지원 2017.10.31 2017고단1104
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 August 28, 2006, the Defendant received a summary order of KRW 2.5 million for a crime of violating road traffic law (driving alcohol) from the Daegu District Court. On January 29, 2008, the Defendant received a summary order of KRW 2.5 million for the same crime in the Daegu District Court Kimcheon support.

[2] The Defendant: (a) was a person who had been subject to criminal punishment twice or more due to driving of alcohol as above; (b) was driving B rocketing car under the influence of alcohol with approximately 250 meters alcohol concentration of about 0.178% from the 250-meter radius to the front of the convenience point of the GS25 GS25-6, which is located in 19-6-ro 16-ro, old-si, Nowon-si, Seoul Special Metropolitan City, around July 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (applicable to a situation in which a suspect is driving under the influence of alcohol);

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 four times for the same crime.

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

However, the defendant is re-competing.

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

Since the Defendant was punished by a fine for driving light alcohol in 2008, the Defendant has no record of criminal punishment for the same crime for about nine years.

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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