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(영문) 대구지방법원 2018.02.08 2017고단6383

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On September 17, 2010, the Defendant is a person who has driven drinking at least twice after receiving a summary order of KRW 2 million from the Daegu District Court to a fine of KRW 2 million for a crime of violating road traffic law at the Suwon District Court on September 17, 201, and on January 24, 2014 to a summary order of KRW 2 million for the same crime.

[2] On October 19, 2017, the Defendant driven BM5 car under the influence of alcohol content of about 0.104% in blood, from around 1k to around 1k-ro 83 Gain Park in Si-ro, Maok-ro, 1k-ro, 1k-ro, 83, 1k-ro, 1k-ro, 1k-ro, 201, around 21:23, 201

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes concerned, such as a reply to inquiries, a summary order, etc., such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

The defendant was punished for a fine on two occasions due to drinking, but he/she was also driving under the influence of drinking.

The favorable circumstances: the defendant's mistake is recognized, and the defendant will not drive drinking again.

There are many things.