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(영문) 대구지방법원 김천지원 2017.10.19 2017고단773
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 September 25, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on September 25, 2008, and a fine of KRW 4 million for the same crime in September 30, 2013, respectively.

Although the Defendant was punished as a crime of violating the Road Traffic Act (drinking) more than twice as above, on June 1, 2017, the Defendant driven CM5 cars while under the influence of alcohol content of about 0.111% from a 50-meter section from the 50-meter side to the string distance of the city in the old-si city around 02:30 on June 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver in charge of drinking and notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (report attached to a summary order of the same kind of power);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

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. All the circumstances such as the record of the crime as stated in the grounds for sentencing Article 62-2 of the Criminal Act, the time of the crime, the measurement of drinking, the circumstances leading to the crime, the circumstances leading to the crime, the fact that the defendant's character, conduct, environment and family relationship are seriously reflected;

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