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(영문) 대구지방법원 서부지원 2019.03.15 2018고단1688
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 September 22, 2011, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court Branch Branch of the Daegu District Court on August 1, 2012, and received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Port Branch of the Daegu District Court on August 1, 201, and on October 24, 2013, at the Daegu District Court on October 24, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving without a license) and the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 15, 2018, at around 00:40, the Defendant driven CF car under the influence of alcohol with approximately KRW 0.066% alcohol concentration from the 46-dong community service center to the front of the Daegu Seo-gu B market.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Statement of the status of the driver;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had been punished several times due to drunk driving, it is necessary to strictly punish the Defendant, taking into account the following: (a) the fact that the Defendant had driven alcohol in this case; and (b) the risk of drunk driving.

However, in full view of all the circumstances, including the fact that the Defendant recognized his mistake and did not repeat the crime, and complained against it, again, disposed of the instant vehicle due to a mistake that does not drive under the influence of alcohol and drive without obtaining a license, etc., the fact that the wife and the young children (2012, 2015, 2017, 2017) must support them, the wife and the young children (the young children), the fact that the wife and the young people want the Defendant’s preference to the Defendant, such as drinking water, driving distance, criminal history, criminal history, prosecutor’s life, etc., the sentence is ordered as per Disposition.

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