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(영문) 대구지방법원 서부지원 2018.05.01 2017고단2426

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2012, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Seogu District Court Branch on June 18, 2012, and on August 4, 2014, the same court received a summary order of KRW 6 million due to a crime of violating road traffic law (drinking driving).

On September 29, 2017, the Defendant driven B Poter truck under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.141% at a section of about 500 meters from the day front of a mutually influent restaurant located in the store of the Daegu Seo-gu, Daegu Metropolitan City, to the day front of the Haar, while driving the B Poter truck under the influence of alcohol level.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of drinking, a report on the circumstances of the driver of drinking, and an inquiry into the following:

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A), and application of each summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished several times for the same kind of crime, so there is a need for strict punishment.

However, in consideration of all the circumstances, such as the fact that the defendant acknowledges and reflects his mistake and criminal records, it is ordered as ordered.