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(영문) 대구지방법원 김천지원 2017.12.19 2017고단1338
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 12, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act by supporting the Daegu District Court Kimcheon, and a summary order of KRW 4 million for the same crime in the same court on March 28, 2014, respectively.

[2] Although Defendant 1 had been punished twice or more due to the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a B-to-purd vehicle under the influence of alcohol level of approximately 0.081% from the 500m section of 50m alcohol level to the next road of the GM co apartment located in the same Dong from the previous parking lot located in the amban-si, Kimcheon-si, Kimcheon-si on September 7, 2017.

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, report on investigation (verification of the same kind of force), and summary order-making 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant has a history of criminal punishment twice due to driving of drinking alcohol.

However, the defendant is against the law.

The defendant has no history of criminal punishment exceeding a fine.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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