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(영문) 대구지방법원 김천지원 2017.10.25 2017고단1136
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 31, 2008, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving), etc. in the Daegu District Court Kimcheon, and on December 14, 201, the Defendant was sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon support on December 14, 201.

Although the Defendant had been punished for drinking driving more than twice as above, on July 25, 2017, at around 07:31, the Defendant driven a B-hand car under the influence of alcohol level of about 0.135% from the 1km section of the blood alcohol level to about 0.135% from the 1km section of the apartment to about 0.135%.

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. Investigation report (report on the situation of the driver in charge); and

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. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant did not have been subject to three times or more due to drinking, but has reached the driving of drinking of this case at the same time.

However, in consideration of the fact that the defendant repents his mistake, the fact that there is no record that the defendant has been punished in excess of a fine, and other various circumstances, such as the defendant's age, sex, environment, and circumstances after the crime, etc., and the conditions of sentencing as shown in the previous theory, the punishment as ordered shall be determined.

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