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(영문) 대구지방법원 김천지원 2017.10.19 2017고단777
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

On November 22, 2007, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on November 22, 2007 and KRW 3 million as a fine for the same crime on September 2, 2015.

Although the Defendant was punished as a crime of violating the Road Traffic Act (drinking driving) more than twice as above, on May 26, 2017, at around 03:47, the Defendant driven BM5 car under the influence of alcohol with approximately 0.126% alcohol concentration from the front side of the land bridge near Kimcheon-dong Kimcheon-dong Kimcheon-dong, Kimcheon-dong, to the front side of the same city Handong-dong apartment road.

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 a reply to inquiry, such as criminal history, and an investigation report (report attached to a summary order of the same kind of power);

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. 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. In full view of the circumstances such as the record of drinking driving and the time of the crime, the measurement of drinking of this case, the background leading to the crime, the age of the defendant, sexual conduct, environment, family relationship, etc. as stated in the reasoning of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined as such;

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