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(영문) 대구지방법원 2018.09.06 2018고단3129

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On April 29, 2010, the Defendant driven a fine of KRW 5 million due to a violation of road traffic law in Daegu District Court racing support, etc., and on September 21, 2012, the Defendant was sentenced to a suspended sentence of two years in the same court on September 21, 2012, and was sentenced to a suspended sentence of two years in the same court, on three occasions more than three occasions, such as the same electricity.

[Criminal facts] On June 26, 2018, the Defendant driven DMW car from approximately 1 km to the front road of the same luminous gate located in the city of Yongcheon-si, in the state of alcohol leveling 0.092% of alcohol level among blood transfusion around 21:40, the Defendant driven DMW car from around 1km to the front road of the same luminous gate located in the city of Youngcheon-si.

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The court shall determine the punishment as ordered in consideration of the various circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive and consequence of the crime, circumstance after the crime, etc.