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(영문) 대구지방법원 2017.08.10 2017고단3106
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] The Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Daegu District Court on September 10, 2008. On June 27, 201, the Defendant was sentenced to a fine of 2 million won for the same crime and was sentenced to a fine of 2 million won or more for the same crime in the same court.

[2] On June 1, 2017, the Defendant driven a B-low-income vehicle under the influence of alcohol content of about 0.082% in the blood while under the influence of alcohol at approximately 500 meters from the front road of a public parking lot located in the Masan-dong in Busan-si, Busan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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 frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.

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