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(영문) 대구지방법원 서부지원 2018.05.31 2017고단1999

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 30, 2003, the Defendant received a summary order of KRW 1 million from the Daegu District Court to a fine of KRW 1 million due to a violation of road traffic laws, and on May 23, 2012, the Defendant had the record of receiving a summary order of KRW 4 million due to a violation of road traffic laws at the Seo branch court of the Daegu District Court on May 23, 2012.

【Criminal facts】 On August 14, 2017, the Defendant driven a vehicle B while under the influence of alcohol content of about 0.131% in a about 50m section from the 105 parking lot of Sung-gu, Seo-gu, Daegu-gu, Daegu-gu, 123, to the above Sung-gu, Seo-gu, 123.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is against the time of committing the crime of this case, the distance of drinking driving is short, and the circumstances that the occurrence of a traffic accident resulting from driving of the drinking of this case is disadvantageous: The defendant committed the crime of this case even though there are many kinds of records of punishment due to driving of drinking: The defendant committed the crime of this case at the same time, taking into account the degree of alcohol alcohol concentration during blood, the age, sexual behavior, environment, motive, means, means and consequence of the crime, circumstances after the crime, family relations, etc., and determine the punishment as ordered in the Disposition.