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(영문) 대구지방법원 김천지원 2017.12.05 2017고단1472
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 10, 2007, the defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the support of the Daegu District Court Kimcheon-cheon, and a summary order of KRW 2 million for a crime of violating road traffic law in the Seosan Branch of the Daejeon District Court on July 2, 2009.

[2] Although Defendant 1 had been punished for drinking driving two or more times as above, Defendant 2 driven a B-to-be vehicle under the influence of alcohol at approximately 0.135% of alcohol content in the section of approximately 200 meters from the front of the old peaceful Dong community center located in Kimcheon-si around September 25, 2017 to the front road of the old peaceful Dong located in Kimcheon-si, Kimcheon-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. A criminal investigation report (to attachCCTV images);

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant has a history of criminal punishment twice due to driving of drinking alcohol.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is also high.

However, the defendant is against the law.

The defendant has no history of criminal punishment exceeding a fine.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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