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(영문) 대구지방법원 2018.02.23 2017고단6569

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2007, the Defendant, at the Daegu District Court, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act, and on April 8, 2013, issued a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act at the Seog Branch Branch of the Daegu District Court on April 8, 2013.

On October 4, 2017, at around 18:40, the Defendant driven a bex motor vehicle under the influence of alcohol content of approximately 0.169% from the 1.5km section from the apartment road in front of the Daegu Dong-gu Dongdongdong-dong apartment in the same common zone to the road in front of the same Gu-ro 261 in the same safe-ro.

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. A statement on the circumstances of the driver at the main place of business and a survey report on actual conditions;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. Selection of imprisonment with prison labor chosen;

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 reasons for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, the order of community service and the order to attend a lecture, the fact that the defendant has been a criminal record of the same kind twice, the defendant's blood alcohol concentration is high, the defendant's reflects the fact that the defendant has no criminal record exceeding the fine, the defendant's age, sexual behavior, environment, motive for and circumstances of the crime, etc., shall be determined as the same as the order of punishment, in consideration of