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(영문) 대구지방법원 김천지원 2016.09.28 2016고단717
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 April 4, 2008, the Defendant issued a summary order of KRW 1 million as a fine for a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on April 4, 2008, and on December 31, 2015, the above court issued a fine of KRW 1.5 million as the same crime.

Criminal facts

On May 7, 2016, the Defendant driven B rocketing car under the influence of alcohol content of approximately 0.091% from around 200 meters to the front road of the Geumsan-dong in Kimcheon-si, Kimcheon-si, in around 00:45, the Defendant was under the influence of alcohol at around 0.091% of alcohol content.

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. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions specified in the records and arguments, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc., of the above circumstances, shall be determined in full view of the sentence as ordered.

D. Unfavorable circumstances: The Defendant committed the instant crime again despite the fact that he/she had been sentenced to a fine twice as a crime of violating the Road Traffic Act, as stated in the facts of the crime, despite the fact that he/she had been sentenced to a fine, and the driving of drinking is a serious criminal threatening the life and body of himself/herself and others: The Defendant repents and reflects the mistake, and the alcohol concentration of the Defendant’s blood is relatively high to less than 0.1%.

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