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(영문) 대구지방법원 김천지원 2017.08.10 2017고단530
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 October 20, 201, the Defendant was sentenced to a fine of KRW 9 million for a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon Branch on October 20, 201, and a fine of KRW 3 million for the same crime in the above court on August 27, 2014, respectively.

Although the Defendant was punished as a crime of violating the Road Traffic Act (drinking driving) more than twice as above, on March 19, 2017, the Defendant driven a Burstm car with approximately 0.080% alcohol concentration in the blood 5km from the front side of the Jigu Pyeong Middle School located in the Ji-si, Jigu, Sim-si, Sim-si, the same city from March 19, 2017 to the front side of the Ji-gu, Nam-gu, U.S. P. Sim-dong, with the alcohol concentration of about 0.080%.

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: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

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 history of drinking alcohol driving as indicated in the grounds for sentencing Article 62-2 of the Criminal Act, the time of the crime, the measurement of drinking of this case, the circumstances leading to the crime, and other circumstances such as the character, conduct, environment, etc. of the defendant;

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