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(영문) 대구지방법원 김천지원 2017.07.20 2017고단511
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

In the Daegu District Court on June 1, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving), and on June 14, 2007, a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the same court on two or more occasions, such as receiving each summary order of KRW 1 million for the same crime.

On April 6, 2017, the Defendant driven B Poter Cargo with approximately 300 meters alcohol concentration of approximately 0.149% in blood, from the 300-meter section to the front road of the apartment house 43 U.S.-dong, Song-dong, Sinsi, Seoul Metropolitan City, around 2017, while under the influence of alcohol by the Defendant.

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, report on investigation (applicable previous convictions in the same case and confirmation);

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. All circumstances, such as the history of drinking alcohol driving and the time of the crime, the measurement of drinking of this case, the motive and background of the crime, the character and conduct of the defendant, the environment, etc., as stated in the reasoning of sentencing under Article 62-2

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