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(영문) 대구지방법원 김천지원 2017.03.08 2016고단1486
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 4, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch, and on July 2, 2010, the same court received a summary order of KRW 1,500,000 as a fine for the same crime, and operated a CNA car at the time of drinking in the shape of approximately 4 km from the front of the Sinsi-ri Village Village in the Don-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si to the front of the same Sinsan-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-be under the influence of alcohol content

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents, on-site photographs, reports on traffic accidents, survey reports on actual condition of traffic accidents, vehicles, street lamps, and photographs, such as scenes;

1. Statement of the circumstances of the driver involved in the primary driving, or report on the detection of the driver involved in the primary driving (63 pages of investigation records);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification twice the suspect's driving force of drinking alcohol) statute;

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

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is deemed to have driven a vehicle while under the influence of alcohol by the defendant. The driving of alcohol is dangerous to lead to a serious accident that may lead to another person's life. The revised Road Traffic Act significantly strengthened criminal punishment on the driving of alcohol, even though the defendant had already been punished twice or a fine due to drinking, the defendant committed the crime of this case in the same kind of manner even though he had already been punished twice due to drinking, and the defendant committed the crime of this case while driving alcohol, and caused a large number of physical damage by collision of street, etc. while driving alcohol.

However, it is against the defendant's recognition of the crime of this case and does not repeat the crime, such as disposal of the vehicle.

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