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(영문) 대구지방법원 2017.04.13 2016고단6384
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

[criminal history] On January 25, 2008, the Defendant was notified of a fine of KRW 1,50,000 by the Daegu District Court for a violation of the Road Traffic Act (driving). On July 5, 2010, the Defendant was notified of a fine of KRW 2,50,000 for the same crime in the same court.

[2] The Defendant: (a) was a person who violated Article 44(1) of the Road Traffic Act on at least two occasions; (b) was driving a Crack vehicle under the influence of alcohol level of about 0.138% from the 3km section of blood alcohol level to the 3km road from the frack-dong, Daegu-dong, Daegu-dong, not more than 20:48 on December 5, 2016 to the frack-dong, crack vehicle under the influence of alcohol level of about 0.138% in front of the 3km road.

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 an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the numerical value of alcohol concentration in blood at the time of driving the drinking of this case, the fact that the defendant refused to return home after measuring alcohol, the defendant's family and support relationship, motive of the crime, and circumstances after the crime, etc., and the punishment as ordered shall be determined by taking into account the various kinds of sentencing factors indicated in the arguments of this case, such as the crime, and

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