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(영문) 대구지방법원 2017.10.26 2017고단4857
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 February 28, 2008, the Defendant, in the Daegu District Court Kimcheon, issued a summary order of KRW 1,00,000 as a fine for a violation of road traffic law (driving), on May 30, 2014, a summary order of KRW 4,00,000 as a fine for a violation of road traffic law (driving) in the same court on May 30, 201, and on June 9, 2014, a person who driven under the influence of alcohol more than twice after having received a summary order of KRW 5,00,00 as a fine for a violation of road traffic law (driving) in the same court.

[2] On August 17, 2017, around 20:40, the Defendant driven a car with approximately 200 meters wide from the front of a restaurant in front of the Sejong-gun, Gyeongdong-gun to the front of the 230-day road in front of the same Eup/Myeon, with approximately 0.082% alcohol concentration in blood.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

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 written inquiries about criminal history and other Acts and subordinate statutes;

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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