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(영문) 대구지방법원 김천지원 2017.12.05 2017고단1494
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[2] On December 16, 2010, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Ulsan District Court (drinking driving), a summary order of KRW 2 million for the same crime from the Daegu District Court Port Branch on August 16, 2012, and a summary order of KRW 6 million for the same crime at the Ulsan District Court on July 22, 2013, respectively.

[2] Notwithstanding the fact that the Defendant had been punished twice or more for the crime of violating the Road Traffic Act (driving of Drinking), the Defendant driven a B-low-scale car under the influence of alcohol content of approximately 100 meters from the 100 meters away from the 100-meter section of alcohol to the 32-lane, as the Gu-si mountainho Lake, in which it is impossible to find out the trade name located in the Gu-U.S. Do-si Do-dong on October 8, 2017, when the Defendant was under the influence of alcohol content of 0.09%.

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 a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), and summary order-making Acts and subordinate 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. 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 a history of criminal punishment four times due to driving of drinking alcohol.

However, the defendant is against the law.

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

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following factors: Defendant’s age, sex, family relationship, and circumstances after the crime, including the Defendant’s blood alcohol concentration at the time of the instant case.

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