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(영문) 대구지방법원 김천지원 2017.11.07 2017고단1115
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 20, 2010, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving), and a summary order of KRW 5 million for a crime of violating road traffic law (drinking driving) in the same court on November 30, 2012.

[2] Although Defendant 1 was punished for a violation of the Road Traffic Act (drinking) more than twice as above, Defendant 2 driven a BL car under the influence of alcohol with approximately 0.185% alcohol concentration on the section of approximately 200 meters from the 200 meters to the first apartment road located in the same Dong-si, Sin-si, Sin-si around June 8, 2017, even though he was punished for a violation of the Road Traffic Act (drinking).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same kind) statute;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant has already been subject to criminal punishment three times for the same crime.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is high.

However, the defendant is against the law.

The defendant has no history of criminal punishment exceeding a fine.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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