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(영문) 대구지방법원 2017.11.30 2017고단4900

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

[criminal history] The defendant, at the Daegu District Court on April 13, 2009, stated a summary order of KRW 1.5 million as a crime of violating road traffic law (driving driving), and on January 7, 201, the indictment for the branch support of the Daegu District Court was stated as "the same court", but this appears to be a clerical error in the "west support of the Daegu District Court", and even if the indictment was corrected without any amendment to the indictment, it does not seem to have a substantial disadvantage in exercising the defendant's right to defense, and thus, it shall be corrected ex officio.

A person who drives drinking at least twice after receiving a summary order of a fine of two million won for the same crime.

[Criminal facts] On August 29, 2017, the Defendant driven B-low-scale car under the influence of alcohol content of about 1 0.132% from the 1km section to the front of the fact that she was under the influence of alcohol in Korea, which was located in the Yong-dong, Daegu Suwon-gu, Daegu-gu, Busan-do. From around 00:10 on August 29, 2017.

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. 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 each of the Acts and subordinate statutes concerned, such as a reply to inquiries, a summary order, etc., 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. 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.

(b)bed;