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(영문) 대구지방법원 2017.11.16 2017고단4534

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

[criminal history] The Defendant, at the Daegu District Court on August 2, 2013, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and the same court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) on April 29, 2014 on at least two occasions.

[Criminal facts] On August 14, 2017, the Defendant driven a coo vehicle in B while under the influence of alcohol with approximately 0.073% alcohol concentration from around 100 meters to the same cood road in front of a mutual influorous restaurant located in Daegu-ro, Daegu-ro, Daegu-ro, 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. Detailed statement reports on drivers of drinking alcohol and inquiry of the results of crackdown on drinking alcohol driving (eight pages of evidence records);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 two occasions due to drinking, but he/she was also driving under the influence of drinking.

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

Defendant would not drive drinking again;

There are many things.