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(영문) 대구지방법원 서부지원 2017.10.19 2017고단802

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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] On August 20, 2007, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Seog Branch of the Daegu District Court. On September 10, 2009, the Defendant was sentenced to a suspended sentence of one year for imprisonment with prison labor for the same crime in the same court.

[2] In addition, Defendant 1 driven a B-hand car under the influence of alcohol with approximately 250 meters alcohol concentration of about 0.189% in the section of 250 meters, from the road where the Singu Singu Singu Singu is located on January 27, 2017 to the road where the 36 official permanent resident registry is located in front of the head of the Singu Singu Singu Office, in spite of the fact that the above provision on the prohibition of drinking driving had been violated twice or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving a drinking, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant 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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture has a history of having been punished several times due to drinking driving, and in particular, even though the defendant has been sentenced two times due to drinking driving or refusal to measure drinking, he/she also drives drinking at once despite the fact that he/she has been sentenced two times, and that the drinking value is not low is disadvantageous to the defendant.

Defendant is able not to drive drinking again with his depth; and he is able to do so.

It is favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.