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(영문) 대구지방법원 서부지원 2018.09.12 2018고단662
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2010, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating road traffic laws (drinking driving) at the Seo-gu District Court Branch on September 7, 2010, and was sentenced to a fine of KRW 7 million for a crime of violating road traffic laws (drinking driving) at the Daegu District Court on March 7, 2013.

On March 7, 2018, around 21:35, the Defendant driven a B-learning car under the influence of alcohol concentration of approximately 0.106% from the 5km section of blood alcohol level to the roads prior to the 87west-gu Seoul Metropolitan Government, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (prior convictions in the same case), application of the text of the judgment;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already been punished four times, such as drinking, drinking, drinking refusal, etc., and drinking, and drinking value is significant. Meanwhile, there is no record of criminal punishment exceeding suspended execution, and there is no record of criminal punishment for the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and all other circumstances constituting the conditions for sentencing as shown in the argument of the case, including the circumstances after the crime, etc. shall be determined as ordered by the order.

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