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(영문) 대구지방법원 김천지원 2017.11.30 2017고단1111
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 1, 2011, the Defendant was sentenced to imprisonment for eight months or one year of suspension of execution for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch, and on April 11, 2014, the above court issued a summary order of five million won for a crime of violating the Road Traffic Act.

Although the Defendant was punished as a crime of violating the Road Traffic Act (drinking) more than twice as above, on July 15, 2017, at around 01:55, the Defendant driven BM5 automobiles under the influence of alcohol content of about 0.142% in the section of approximately 300 meters from the 300-meter radius from the 2nd day of the Gu-U.S. P. P. P. P. 15 to the front day of the P. P. P. of the same year.

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, such as criminal history, and an investigation report (the confirmation report on the past records of the same kind of crime);

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 punishment as ordered shall be determined by comprehensively taking into account all the circumstances shown in pleadings, such as the record of the same kind of crime, the time of the crime, the measurement of drinking, the background and reflect of the crime, the defendant's age, sexual conduct, environment, and the circumstances after the crime, etc., for the reason of sentencing under Article 62-2 of the Criminal Act;

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