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(영문) 대구지방법원 서부지원 2018.01.19 2017고단1338
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 June 23, 2008, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of road traffic law (driving), and on March 9, 2010, the Defendant was sentenced to a summary order of 3.5 million won by a fine for a violation of road traffic law (driving), and on July 29, 201, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment with prison labor for a violation of road traffic law (driving under drinking), at the Seog branch of the Daegu District Court.

[2] On May 28, 2017, the Defendant driven B-wing truck under the influence of alcohol content of approximately 0.079% at the section of approximately 1.5km to the front road of the Dowon-dong Residents' Self-Governing Center, which is located in the 53-ro, Seogu, Daegu, Daegu, where the trade name of the neighboring part of the "merchant's Dowon Residents' Self-Governing Center" located in the Dong of the Dowon-gu, Daegu, Daegu, where the trade name of the neighboring part of the "merchant's Dowon-dong Residents' Self-Governing Center

As a result, the Defendant again driven a cargo while under the influence of alcohol as a person who has violated the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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