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(영문) 대구지방법원 김천지원 2018.01.18 2017고단1320
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 July 11, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Cheongju District Court’s Assistance on the violation of the Road Traffic Act, and on May 20, 2010, a summary order of KRW 2 million was issued as a fine for the same crime.

Although the Defendant had been punished on more than two occasions due to a violation of the Road Traffic Act (drinking), the Defendant driven a F-wing and cargo vehicle with approximately 1k alcohol content 0.141% in the section from the front of the D community hall located in Kimcheon-si C around August 25, 2017 to the front day of the Defendant’s house located in Kimcheon-si, Kimcheon-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;

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. 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. Fully considering the records of the crime of drinking alcohol driving for the reason of sentencing under Article 62-2 of the Criminal Act, the time of the crime, the amount of alcohol content in the blood of this case, the circumstances leading up to the crime, reflectivity, the fact that there is no previous conviction exceeding the fine, the defendant's age, sex, environment, and support for the elderly with dementia, etc., the punishment as ordered shall be determined.

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