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(영문) 대구지방법원 서부지원 2018.05.10 2018고단441

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 16, 2007, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law (drinking driving) in the Seo-gu District Court Branch of the Daegu District Court on August 16, 2007. On October 10, 2008, the Defendant was sentenced to a suspended sentence of two years due to a violation of road traffic law (dacting driving) and a violation of road traffic law (dacting driving) in the same court on October 10.

On January 22, 2018, the Defendant driven B automobiles under the influence of alcohol concentration of about 0.153% from the 2km section of approximately 2km to the roads in front of the death of the Daegu-gu, Seo-gu, Daegu-gu, and the front day of the Hadm wave of the same Dong from January 22, 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (formers and confirmations), and copies of judgments shall be applied to the 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 of the community service and order to attend a lecture: The defendant is against the time of committing the crime of this case; traffic accidents have not occurred due to driving of this case; the recent 10 years disadvantageously unfavorable circumstances: The defendant committed the crime of this case although he had no record of punishment for drinking driving four times, and the defendant committed the crime of this case at all times, including the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, family relations, etc.