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(영문) 대구지방법원 김천지원 2017.09.12 2017고단666
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 June 12, 2009, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of road traffic law in the Daegu District Court Kimcheon-cheon branch of the Daegu District Court, and a fine of KRW 3 million for the same crime in the same court on December 17, 2010.

[Criminal facts] On May 1, 2017, the Defendant driven B Poter truck under the influence of alcohol content of about 0.19% at the 2km section from the front side of the ethm to the front side of the Nam-gu U.S. Yari-dong, Nam-gu, U.S., Nam-gu, U.S., Nam-gu, U.S., U.S., U.S. at around 20:15, while under the influence of alcohol content.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the detection and reporting of any violation of the Traffic Act on the roads, the circumstantial statements of the drivers of drinking alcohol, and the results of regulating drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on a previous conviction before disposition, and application of summary order-related 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 under Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment for the same crime three times.

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

However, the defendant reflects the crime of this case.

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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