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(영문) 대구지방법원 2019.01.16 2018고단5406
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 9, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on June 9, 2010, and a summary order of KRW 7 million for the same crime, etc. at the Daegu District Court on April 26, 2013 and driven under the influence of alcohol at least twice.

On November 1, 2018, at around 03:20, the Defendant driven a golf car with a width range of 0.153% under the influence of alcohol level from approximately 8km to the front road of the water police station located in the Suwon-gu Suwon-gu, Daegu-gu, Seoul-gu, to the street near the death cycle.

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. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: References to criminal records and the application of a copy of each summary order;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined in consideration of the sentencing conditions indicated in the records, such as the probation, community service order and order to attend a lecture, the fact that the defendant was punished for the same crime, the defendant's blood alcohol concentration is high, the defendant's reflection, the defendant has no criminal record exceeding the fine, the defendant's age, character and behavior, environment, motive and circumstances after the crime, etc.

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