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(영문) 대구지방법원 2018.03.22 2017고단6929

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 March 18, 2011, the Defendant was punished by a fine of one million won for a violation of road traffic law at the Daegu District Court on March 18, 201, and a fine of one million won on October 12, 201 by a summary order of one million won for the same crime at the same court on October 12, 201, on two or more occasions due to drinking.

On December 5, 2017, at around 22:55, the Defendant driven a B rocketing car with approximately 30 meters alcohol content 0.069% under the influence of alcohol in blood, from the front side of the village amusement park to the front side of the same luminous revolving building in Daegu-gu, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Written inquiry about criminal history, etc. (A);

1. Application of the Acts and subordinate statutes governing summary orders issued by Daegu District Court No. 2011, Daegu District Court No. 2011 High Court No. 3490, and the summary order output No. 2265, Dec. 2, 2011;

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 defendant's mistake is recognized and against his/her will not drive drinking again; (b) the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc.; and (c) the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: