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(영문) 대구지방법원 2017.03.30 2017고단174
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

[criminal history] On December 10, 2007, the Defendant was notified of a fine of KRW 1.5 million by the Daegu District Court for a crime of violating the Road Traffic Act (driving). On November 13, 2009, the Defendant was notified of a fine of KRW 2 million by the same court as the same crime.

[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; (b) was driving a Cone Star Cornex under the influence of alcohol with approximately 0.189% alcohol level from the 2km section to the revolving intersection in the same military, on December 24, 2016, where the road located in the Gyeongbuk-gun, Gyeongbuk-gun, the Gyeongbuk-gun, the Gyeongbuk-gun, the U.S., at around 04:15, on December 24, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver involved in driving, inquiry about the results of crackdown on drinking driving, and response to requests for appraisal;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age

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