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(영문) 대구지방법원 서부지원 2017.06.22 2017고단133
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 March 28, 2008, the Defendant was notified of a fine of KRW 2.5 million due to a violation of road traffic law (driving), etc. in the support for the development of the source method of water source, and a fine of KRW 3 million due to a violation of road traffic law at the Seoul Southern District Court on January 12, 2010, respectively. On August 5, 2014, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law at the support of the Southern District Court in the Jeonju District Court on August 5, 2014, and was sentenced to a fine of KRW 4 million on more than two occasions.

On December 26, 2016, while under the influence of alcohol content of 0.134% during blood transfusion, the Defendant driven a B-Tech car in the section of approximately 20km from the 20km to the roads of approximately 772 square meters in front of the cafeteria-dong Busan-dong University Hospital near the Daegu-dong Busan-dong University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of regulating driving of drinking, reporting on the circumstances of driving of drinking, and inquiry letter of driver's license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Despite the criminal history of the defendant with the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Code, the fact that the defendant drives drinking and drinking level is considerably high is disadvantageous to the defendant.

However, in consideration of the fact that the defendant has no record of criminal punishment exceeding a fine, the depth of the defendant is divided, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime, and various circumstances that are conditions for sentencing, such as the circumstances after the crime, the same sentence as the order shall be determined.

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