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(영문) 대구지방법원 상주지원 2017.10.17 2017고단371

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 September 25, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the resident support by the Daegu District Court (drinking on drinking). On November 2, 2016, the Defendant was issued a summary order of KRW 1.5 million for the same crime in the same court.

[2] On July 26, 2017, the Defendant driven a B car with alcohol content of 0.088% in blood while under the influence of alcohol at approximately 400 meters from a stage of 400 meters in front of the future power located at approximately 134, a king-ro, 134,00,000, at the time of stay at around 22:34,017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on the driving of alcohol, report on the circumstances of the driver under the influence of alcohol, report on the circumstances of the person under the influence of alcohol, and inquiry into the results of crackdown on the driving of

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 suspension of execution (resumed grounds for reduction of amount);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture was that the Defendant committed the third alcohol driving crime, and the Defendant was punished for the last drinking driving, making a driving again because one year has not passed since he was under the influence of alcohol.

However, the court shall take into account the favorable circumstances in which the defendant recognizes and reflects a crime, and shall determine the punishment as ordered in the light of the sentencing conditions shown in the arguments and records of this case.