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(영문) 대구지방법원 2017.10.26 2017고단3364

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 March 9, 2010, the Defendant violated the duty of prohibition on driving under the influence of alcohol on at least two occasions by receiving a fine of KRW 1 million due to a violation of road traffic laws (driving), and a fine of KRW 4 million due to a violation of road traffic laws at the Daegu District Court on July 29, 2013.

On April 7, 2017, the Defendant was under the influence of alcohol content of 0.139% in blood around 13:30, the Defendant driven B-low-income vehicle at a section of about 5 meters in front of a middle school in the middle school in the 9-ro 41 side of Daegu Suwon-ro Dog on the 9-lane 41, the same road.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reporting (a copy of 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 for mitigation of amount (no record of punishment exceeding a fine, and social relation is clear, serious reflectivity, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds, etc. for mitigation of the aforementioned amount);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Education (which constitutes the existence of traffic hazards and obstacles, and the violation of serious traffic laws and regulations, such as the protection and observation and order to attend education, and the collision of children's protection fences installed in India, and thus requires systematic treatment in society to prevent recidivism);