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(영문) 대구지방법원 2018.11.30 2018고단4713

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 January 22, 2015, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Daegu District Court on the following grounds: (a) on November 10, 2009, the Defendant was issued a summary order of a fine of KRW 3.5 million for the same crime, etc. from the Daegu District Court Kimcheon Branch on the same date; and (b) on the other hand, he/she was punished for violating Article 44(1) of the Road Traffic Act on at least two occasions.

On October 7, 2018, the Defendant, while under the influence of alcohol content of 0.150% during blood transfusion, operated a BF rocketing car in the direction of 0.150%, and operated a 30-meter section at the front of the 106-dong 106-dong 106-dong, the 30-meter off off the 106-dong off off the 106-dong off off the 106-dong off.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of a written inquiry about criminal history, text of judgment, and summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense (the point of drinking alcohol) of the relevant Act;

1. Selection of imprisonment with prison labor chosen;

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 reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order of community service and the order to attend a lecture, the fact that the defendant has been punished several times for the same crime, the defendant's blood alcohol concentration is high, the defendant's opposite sex, the defendant's age, sexual behavior, environment, motive of the crime and circumstances after the crime, etc., shall be determined as the same as the order of punishment in consideration of the records.