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(영문) 대구지방법원 2018.05.17 2018고단748

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 March 9, 2011, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Daegu District Court on March 9, 201, and on May 16, 201, the Defendant was sentenced to a fine of four million won for the same crime at the same court on May 16, 201, and was sentenced to a summary order of four million won for the same crime on two or more occasions.

On January 19, 2018, the Defendant driven a Dyst Kystol vehicle with alcohol content of about 0.086% while under the influence of alcohol level from approximately 100 meters to the front side of the terumf apartment complex of about 59 treatment 59 in the same Gu-gu, Dong-gu at a static restaurant located in Daegu Suwon-gu 2:20 on January 19, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Written inquiry about criminal history, etc.;

1. Application of the summary order Acts and subordinate statutes to the investigation report (the confirmation of the record of the same type of crime), Daegu District Court 201 High Court 2881 High Court, Daegu District Court 201 High Court 201 High Court 582 High Court 5582 High Court

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. 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 sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

-3 times the history of punishment for the violation of road traffic laws (driving), - the recognition and reflect of the crime, and the non-driving of drinking again;