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(영문) 대구지방법원 김천지원 2017.08.24 2017고단563
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 June 2, 2010, the Defendant was issued a summary order of fine of two million won for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on June 2, 201, and a summary order of three million won for the same crime in the same court on July 1, 201.

Although the Defendant had been punished for a violation of the Road Traffic Act at least twice as above, on April 4, 2017, the Defendant driven a Brane car under the influence of alcohol concentration of about 0.138% in the section of about 3km from the 3km road to the front of the ambling road of the same city from the mutual influence of the trade name in the Sinsi-si, Sinsi-si, Sinsi-si.

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 driving;

1. References to inquiries, such as criminal history, reports on investigation (verification of such past records), and application of summary orders and 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. All circumstances such as the record of drinking driving and the time of the crime, the measurement of drinking of this case, the background of the crime, the age of the defendant, sexual conduct, environment, etc. as stated in the reasoning of sentencing under Article 62-2 of the Criminal Act;

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