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(영문) 대구지방법원 김천지원 2017.10.12 2017고단652
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 February 25, 2008, the Defendant issued a summary order of KRW 700,00,000 for the same crime at the Daegu District Court on November 26, 2013 as a crime of violating the Road Traffic Act in the support of the Daegu District Court Kimcheon on February 25, 2008, and issued a fine of KRW 4 million for the same crime at least twice.

On May 18, 2017, the Defendant driven Bsch Rexn car under the influence of alcohol content of approximately 0.077% from the 4km section of blood to the road in the same Si, “I wish to make a report” in the same Si, from the front side of the NAC, which is located in the Sinsi-si, Seoul Special Metropolitan City, to the front side of “I wish to do so.”

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, investigation report (verification of criminal history of the same kind), and other 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. 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 the criminal records 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 background of the crime, and other circumstances such as the defendant's age, sex, environment, etc.

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