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(영문) 대구지방법원 김천지원 2017.11.07 2017고단1112
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 May 4, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 4 million for the same crime in the same court on May 12, 2014, respectively.

[2] Even if the Defendant was punished for a violation of the Road Traffic Act (drinking) on at least two occasions, the Defendant driven B LV vehicles under the influence of alcohol with approximately 0.136% alcohol concentration from the 50-meter section to the front road of the head of the household in the same Eup/Myeon, where the trade name in the Domini Eup, Yan-si, Pri-si, Pri-si, Priju, Pri-si, Priju, a restaurant where the trade name is unknown on June 28, 2017 to the Domincheon-ri, the head of the household in the same Eup/Myeon.

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 (reports attached to indictments and similar judgments);

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 three times for the same crime.

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

However, the defendant is against the law.

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

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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