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(영문) 대구지방법원 서부지원 2017.07.21 2017고단347

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment 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 April 15, 2008, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating road traffic laws at the Daegu District Court on April 15, 2008, and was sentenced to a fine of 5 million won for the same crime in the same court on September 10, 2008 and was sentenced to a fine of 3.5 million won for the same crime in the same court on July 3, 2007.

On January 20, 2017, the Defendant driven a B-hand car with approximately 0.132% alcohol concentration at a section of approximately 3 kilometers from the 11:10 on the road for the State-owned Dob, Daegu-gu, Daegu-gu, Daegu-gu, Dan-do to the front road for the naval wave located in about 194-10 square meters in Daegu-do.

The Defendant once again driven a motor vehicle under the influence of alcohol with a person who has violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. 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;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous and written judgment, etc.);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. An order to attend a course under Article 62-2 of the Criminal Act;