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(영문) 대구지방법원 김천지원 2018.01.11 2017고단1270
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 24, 2015, the Defendant was punished for drinking driving two or more times by a fine of KRW 1.5 million due to a violation of road traffic law (drinking driving), and a fine of KRW 1 million due to the same crime in the same court on January 3, 2012.

On August 31, 2017, the Defendant driven B B B in the state of alcohol alcohol concentration of approximately 0.09% from the front parking lot to the front road of the 5km-dong, regardless of all charcoal in the Gu-U.S. Sim-si mallle, from the front parking lot to the Gu-U.S. Sim-si malot-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal 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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the defendant's records of driving alcohol and the time of the crime, the amount of alcohol concentration in the blood of this case, the circumstances leading to the crime, and reflects, the fact that there is no criminal record exceeding the fine yet, and all the other conditions of sentencing, including the defendant's age, sex, environment, etc.

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