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(영문) 대구지방법원 2017.05.25 2017고단1387
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 8, 2007, the Defendant was sentenced to a fine of 700,000 won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and was sentenced to a fine of 1.5 million won for the same crime at the Daegu District Court on May 22, 2009, and was sentenced to a fine of 5 million won for the same crime at the same court on October 30, 2013, and was sentenced to a fine of 5 million won for the same crime at the same court on July 17, 2014, and was sentenced to a suspended sentence of 6 months or more for the same court on July 17, 2014.

On March 7, 2017, the Defendant driven a B-hump car with a alcohol level of about 0.070% alcohol level of around 61 meters from a section of about 500 meters in front of the water source in front of the Pacific Hospital in front of the Pacific-si, Pacific-si, Pacific-si, Pacific-do, Down-do, D-do, where the Defendant was under the influence of alcohol level of about 0.070% in front of the water source in front of the Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to inquiries about the results of crackdown on drinking driving;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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 reason for sentencing under Article 62-2 of the Criminal Act, the number of times and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and other various reasons for sentencing as shown in the argument of this case, such as the circumstances after the crime, shall be determined as ordered.

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