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(영문) 대구지방법원 김천지원 2017.08.10 2017고단602
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 July 15, 2014, the Defendant received a summary order of KRW 1 million as a violation of road traffic law (drinking driving) from the Seoggu District Court Branch on July 15, 2014. On July 8, 2016, the Defendant received a summary order of KRW 3 million as a fine for the same crime from the Daegu District Court Kimcheon support.

On April 7, 2017, around 14:15, the Defendant driven B-low-scale car in the state of alcohol alcohol content of approximately 2 km from around 14:26% of blood, from the roads in front of the Agricultural Cooperative of the Seoul Special Metropolitan City, the Seoul Special Metropolitan City to the F-si Scam Scam of the same Sinyeong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, photographs on the scene of accidents, and on-site photographs;

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

1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (applicable to the fact that a suspect is driving under the influence of alcohol), and provision of a 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. 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 records of drinking driving and the time of committing the crime as indicated in the grounds for sentencing under Article 62-2 of the Criminal Act, the amount of alcohol concentration in the blood of this case, the fact that the defendant is treating as early illness, and other circumstances such as the character, conduct, environment, etc. of the defendant;

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