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(영문) 대구지방법원 김천지원 2017.11.14 2017고단1022
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

[Power of crime] On July 25, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 3 million for the same crime in the same court on December 5, 2008, respectively.

[2] Although Defendant 1 was punished for a violation of the Road Traffic Act (driving) more than twice as seen above, Defendant 2 driven a B-low car under the influence of alcohol content of approximately 0.076% from the 200 meters away from the 200-meter section of GM convention, to the 171-day GM convention road in the Gu-U.S., the Gu-Si, Sinsi-si, Seoul Special Metropolitan City, on June 12, 2017, when he was punished for a violation of the Road Traffic Act (driving).

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 a reply to inquiry, such as criminal history, investigation report (suspect A prior convictions and fact-finding) and other 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. 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 under Article 62-2 of the Criminal Act is that the defendant has a record of criminal punishment on three occasions due to driving of drinking.

However, the defendant is against the law.

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

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following factors: Defendant’s age, sex, family relationship, and circumstances after the crime, including the Defendant’s blood alcohol concentration at the time of the instant case.

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