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(영문) 대구지방법원 김천지원 2017.11.30 2017고단1116
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 May 17, 2007, the Defendant issued a summary order of KRW 700,00,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on May 17, 2007, and on August 3, 2007, the above court received a summary order of KRW 1.

Although the Defendant was punished as a crime of violating the Road Traffic Act (drinking driving) more than twice as above, on July 14, 2017, the Defendant driven Bone Star Sheet under the influence of alcohol content of about 0.172% from the section of approximately 1km to the front road of the Gumi-si GS25 convenience store, the Defendant driven the Bone Star Sheet under the influence of alcohol content of about 0.172% from the 1km section of alcohol level to the front road of the Gumisi-dong GS25 convenience store.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) 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. 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 punishment as ordered shall be determined by comprehensively taking into account all the circumstances shown in pleadings, such as the record of the same kind of crime, the time of the crime, the measurement of drinking, the background and reflect of the crime, the defendant's age, sexual conduct, environment, and the circumstances after the crime, etc., for the reason of sentencing under Article 62-2 of the Criminal Act;

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