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(영문) 대구지방법원 2017.11.09 2017고단4476
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

[criminal history] On June 16, 2009, the Defendant was issued a summary order of KRW 2 million by a general military court of the third common military branch of the Daegu District Court on the following grounds: (a) on April 11, 201, the summary order of KRW 6 million was issued from the Daegu District Court of the Republic of Korea on the same crime, etc.

[2] On July 29, 2017, the Defendant driven BM5 vehicle under the influence of alcohol content of about 1 0.108% in blood from the 1km section from the half-month root in Daegu-gu to the front road in the Southern-ro, Nam-gu, Seoul-ro, Seoul-ro, Seoul-ro, to the day before the 181-ro, Nam-gu, Nam-gu, Seoul-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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 grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.

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