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(영문) 대구지방법원 안동지원 2017.11.10 2017고단590
도로교통법위반(음주운전)
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final;

Reasons

Punishment of the crime

On November 20, 2007, the Defendant received a fine of five million won or more for a crime of violating road traffic laws (drinking driving) at the Seoul Southern District Court on November 20, 2007, and on June 14, 201, the Defendant received a fine of two million won or more for the same crime at the same court on June 14, 201.

On August 19, 2017, at around 02:00, the Defendant driven B 5 cars while under the influence of alcohol leveling 0.058% from the 300-meter section of alcohol leveling from the front of the 2nd apartment of the Yacheon-si, Yacheon-si, Yacheon-si to the Yacheon-si, Anacheon-si, Anacheon-si, Anacheon-si, Anacheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Each investigation report and accompanying materials;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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 reason for sentencing under Article 62-2 of the Criminal Act, including the record of the judgment of the defendant, committed the instant crime, even though there was a history of criminal punishment for the crime of drinking driving on three occasions. This is an unfavorable circumstance to the defendant.

The Defendant led to confession and reflect on the crime of this case.

There is no history of criminal punishment exceeding a fine against the defendant.

The blood alcohol concentration is not high.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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