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(영문) 대구지방법원 2018.05.17 2018고단1434
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] The Defendant, at the Daegu District Court on August 20, 2012, is a person who has driven a fine of three million won or more for a violation of road traffic law (drinking), and on September 12, 2014, a person who had been sentenced to a fine of six million won or more by the same court on September 12, 2014.

[Criminal facts] On March 20, 2018, the Defendant driven a Category C Pool car at approximately 300 meters away from the roads near the yellow water gueng-dong to the Paris 184, while under the influence of alcohol leveling 0.125% during blood transfusion on March 20, 2018.

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 a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

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. 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. In addition to the fact that an order to attend a lecture repeatedly commits the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the record, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and the circumstances of the crime.

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