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(영문) 대구지방법원 서부지원 2018.05.10 2017고단3170

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

【The Defendant was issued a summary order of KRW 3 million on January 7, 201, with respect to a violation of road traffic law (drinking), etc. at the Seo-gu District Court Branch Branch of the Daegu District Court, and on August 9, 2012, the Defendant was sentenced to a fine of KRW 7 million due to a violation of road traffic law (drinking) at the same court on August 9, 2012. On November 12, 2014, the Defendant was issued a summary order of KRW 7 million due to a violation of road traffic law (drinking) at the same court on the road.

【Criminal facts】 A person who was punished twice or more due to a violation of the Road Traffic Act (driving of Drinking), was driving a B-low driver’s vehicle under the influence of alcohol of about 4km from the section of approximately 0.096% of alcohol content in the second-class market located in the middle-gu Daegu-gu, Daegu-gu, Seoul-gu, about November 18, 2017 to the five-km distance in the second-class market located in the second-class 05:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (report on attachment of cases of the same kind of suspect);

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 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture: The defendant is against the time of the crime of this case; the defendant committed the crime of this case even though there are many kinds of records of punishment due to driving of alcohol of this case; the defendant committed the crime of this case; the defendant committed considerable danger to traffic on the road, such as defiling from the vehicle during driving under drinking, etc.; the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, family relations, etc.; and all kinds of sentencing conditions such as the defendant's age, sexual behavior, motive, means and result of the crime.