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(영문) 대구지방법원 2017.08.31 2017고단2871

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 November 1, 2010, the Defendant is a person who violated the duty of prohibition on driving under the influence of alcohol on at least two occasions by receiving a summary order of KRW 2 million due to a violation of road traffic laws (driving), and a fine of KRW 5 million due to a violation of road traffic laws at the Daegu District Court on September 8, 2011.

On May 11, 2017, the Defendant driven B-be driven a b-be under the influence of alcohol content of about 0.091% from the blood alcohol content to the front road of the 4km road in front of the Yan-si of the same tin-si in the same military base, on the road located in the Yan-si of the Yan-si, the Defendant, at around 20:30 on May 11, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

The defendant was punished for a fine on three occasions due to drinking driving, etc., but he/she was also driving a drinking.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

Defendant would not drive drinking again;

There are many things.