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(영문) 대구지방법원 2017.06.01 2017고단1751
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

On September 1, 2011, the Defendant issued a summary order of KRW 4 million due to a violation of road traffic law (drinking driving), etc. at the Daegu District Court on September 1, 201, and on May 31, 2012, the Defendant violated the duty of prohibition of driving under the influence of alcohol on at least two occasions by having been sentenced to imprisonment for the same crime from the Western District Court on May 31, 201.

On March 14, 2017, at around 21:14, the Defendant driven B car in the state of alcohol concentration of approximately 0.182% in a section of about 30 meters from the front day of the “dried house” restaurant to the entrance way of the apartment complex claiming flexibility in the same roof, which is located in the inspection team of Daegu Northern-gu, Daegu, to the front day of the entrance of the apartment complex claiming flexibility in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal history of the same type and report attached to the judgment);

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. The sentencing conditions indicated in the records of this case, such as the protection and observation as well as the reasons for sentencing under Article 62-2 of the Social Service Order Act, and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the circumstances constituting the sentencing conditions indicated in the records of this case.

The defendant has been subject to punishment due to drinking driving several times, and the above punishment records include the past record of the sentence sentenced in 2006 and 2012, but also committed this case.

The number of alcohol concentration among the blood of the defendant is very high.

The defendant has been under the influence of drinking for a considerable period of time since around 2012.

The defendant would not repeat the same crime again as an old age.

There are many things.

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