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(영문) 대구지방법원 김천지원 2017.07.13 2017고단443
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 May 31, 2010, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on August 13, 2013, the Daegu District Court received a summary order of KRW 2 million from a fine for a violation of the Road Traffic Act.

On March 28, 2017, at around 23:50, the Defendant driven a B benz car under the influence of alcohol content of approximately 0.075% in a section of approximately 1 kilometer at the front of the department of the Dong, Dong, Dong, which is located in the Dong-dong in the same city, on the road of the Hague-si.

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. References to inquiries, such as criminal history, reports on the results of confirmation of the previous conviction on each disposition, and application of each summary order statutes;

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. 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 drinking driving and the time of the crime, the numerical value of drinking of this case, the degree of measurement of drinking of this case, the circumstances leading to the crime, the character and conduct of the defendant, the environment, etc. as stated in the reasoning of sentencing under Article 62-2

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