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(영문) 대구지방법원 경주지원 2017.12.07 2017고단729
도로교통법위반(음주운전)
Text

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

However, the execution of the above sentence 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 March 18, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the port support of the Daegu District Court. On May 1, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime.

[2] On September 25, 2017, at around 16:05, the Defendant driven a B liquid ero vehicle with approximately 150km alcohol concentration at around 0.172% while under the influence of alcohol in the blood, from the front side of the mutual influence restaurant in Sung-gu, Sungwon-si, Changwon-si, Sungwon-si to the front side of the 5-ri Don-dong-dong-dong-dong-dong-dong-dong-si to the front side of the 00km-dong-dong-dong-dong-dong-si.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the same influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of C;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition of the accident, a map on the scene of the accident, a photo on the scene of the accident, a report on the circumstances of the driver in charge of drinking driving, a report on the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, a written consent to blood collection, a request for appraisal of alcohol concentration

1. Previous convictions in judgment: Application of the Acts and subordinate statutes of the summary order (A) No. 2015 High Court Branch Decision 802 High Court Decision 2015 High Court Decision 2015 High Court Decision 2015 High Court Decision 686 High Court Decision 2015 High Court Decision 2015 High Court Decision;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity ( various extenuating circumstances, such as the fact that the defendant repents his/her mistake and does not have the same kind of force as the fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., grounds for mitigation of the aforementioned amount);

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