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(영문) 대구지방법원 김천지원 2018.02.01 2017고단1534
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 September 4, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on September 4, 2006, and a summary order of KRW 1 million as a fine in the same court on January 20, 201.

Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (drinking) as above, on October 22, 2017, the Defendant driven a body car B with approximately 800 meters alcohol concentration at the section of approximately 0.09% from the day front of the viewing road of the Gu, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, from the day before the viewing road of the Gu, to the GS SP, Sinsi-si, Sinsi-si, Sinsi-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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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 order of education provided for in Article 62-2 of the Criminal Act shall include the records of the same kind of crime for the reason of sentencing, the time of the crime, the amount of alcohol concentration in blood, the circumstances and reflects on the crime, the fact that there is no criminal conviction exceeding the same kind of fine, and other circumstances such as character, conduct, environment, family relationship, etc. of the defendant;

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