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(영문) 대구지방법원 김천지원 2018.04.26 2017고단1839
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 September 25, 2009, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) from the Seoggu District Court Branch on September 25, 2009. On November 6, 2009, the Defendant received a summary order of KRW 3 million for the same crime from the Daegu District Court Kimcheon support.

Although there were two or more violations of the regulations on prohibition of drinking driving, Defendant 1 driven C-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Led-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

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. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same kind of force);

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 reasons for sentencing under Article 62-2 of the Criminal Act include not only the same criminal record as indicated in the judgment but also the past record of having been sentenced to one year of suspension of execution for six months of imprisonment due to a violation of the Road Traffic Act in 2012, the violation of the Road Traffic Act, the violation of the Road Traffic Act, there is no record of punishment exceeding the fine due to the violation of the Road Traffic Act, the details of the crime, the character and conduct of the defendant, the character and conduct of the defendant and the environment, etc., and the sentencing conditions of the sentence as ordered

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