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(영문) 대구지방법원 서부지원 2017.05.25 2017고단839

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 7, 2008, the Defendant was sentenced to a summary order of a fine of KRW 4 million due to a violation of road traffic laws in the Seo-gu District Court Branch Branch of the Daegu District Court, and on May 28, 2015, the Defendant was sentenced to a suspended sentence of two years on June 3, 2016, and the said judgment became final and conclusive on June 3, 2016.

【Criminal facts】 On August 22, 2016, the Defendant driven a C non-rocketing car under the influence of alcohol leveling to about 0.126% from approximately 50 meters to the front road of Seogu Daegu No. 255, Seogu-ro, Seogu, Daegu-gu, Daegu-gu, Daegu-gu.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written protocol concerning the examination of the prosecution and the police against the accused;

1. Report on detection of any person subject to traffic laws (driving) on the road, inquiry into the results of crackdown on drinking driving, and a statement of the circumstances of the driver subject to driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (list of evidence 11, 12) 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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of punishment was sentenced to "two years of suspension of execution to four months" by driving without a license in 2011, and the defendant was sentenced to "two years of suspension of execution to four months" as stated in the judgment of the court below, despite the fact that driving under the influence of alcohol during the suspension period was done during the suspension period, the crime of this case was committed during the suspension period of multiple times, and the drinking volume was considerably high.

Therefore, the sentence of sentence is inevitable for the defendant.

The defendant's age, sex, intelligence and environment, motive for the crime, such as the fact that the defendant's mistake is divided, and if this judgment becomes final and conclusive, the suspension of execution will be invalidated.