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(영문) 대구지방법원 김천지원 2017.10.24 2017고단899
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 October 1, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the Daegu District Court, and a summary order of KRW 2 million for the same crime on June 14, 201 from the Daegu District Court and the Daegu District Court and the racing support.

[2] Although Defendant 1 was punished for a violation of the Road Traffic Act (driving) more than twice as seen above, Defendant 2 driven a BB-type car under the influence of alcohol with approximately 0.05% alcohol concentration in the 1km section from May 25, 2017, from the front side of the Lanony Office located in the Chang-si Eup, Chang-si, Cheongju-si, to the front side of the Janonyondo.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home, report on the situation of the driver at home, and notice of the result of regulating drinking;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of criminal records and past facts of violation of road traffic laws by suspect A, and attachment of summary order);

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 under Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment twice due to driving of drinking alcohol.

However, the defendant is against the law.

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

In the above circumstances, the sentencing conditions such as the defendant's age, sexual behavior, family relationship, and circumstances after the crime, including the background of the drinking of this case, the amount of alcohol concentration in the defendant's blood, etc., shall be determined as per the order.

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