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(영문) 대구지방법원 김천지원 2017.11.30 2017고단1109
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 December 20, 2007, the Defendant issued a summary order of KRW 500,00,000 as a fine for a crime of violating road traffic law (drinking driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on December 20, 200, and on August 5, 2016, the above court received a summary order of KRW 1 million as the same crime

Although the Defendant was punished as a crime of violating the Road Traffic Act (drinking driving) more than twice as above, on July 14, 2017, the Defendant driven Bsch-ton car in the state of alcohol with approximately 0.072% alcohol content in the 1km section from the front side of the mutual influence cafeteria, which is in the old Sinsi-si, to the front side of the new resources located in the old Sinsi-si in the Gunsi-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;

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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