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(영문) 대구지방법원 2018.11.22 2018고단4404

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2007, the defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act (drinking driving), and on May 20, 2010, the Busan District Court issued a summary order of 1.5 million won for the same crime from the Busan District Court's Dong Branch, and was punished for drinking driving twice or more.

On August 17, 2018, at around 05:30, the Defendant driven BM5 car while under the influence of alcohol content at approximately 0.095% in a section of approximately 300 meters in alcohol from the same Eup to the four distance at the 74m of the foreign exchange bank, from the end of the instant Eup, the instant Defendant driven BM5 car volume in the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. 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 grounds for sentencing under Article 62-2(1) of the Criminal Act include: (a) the fact that the accused recognizes the instant crime and reflects the fact that he/she does not drive drinking again; and (b) other conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, shall be determined by comprehensively taking into account the following circumstances: