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(영문) 대구지방법원 2017.10.19 2017고단4574
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Daegu District Court on April 30, 2007, was sentenced to a summary order of 2.5 million won for a crime of violating road traffic laws (drinking), and the Defendant was sentenced to a summary order of 3 million won for a crime of violating road traffic laws in the same court on January 26, 2010, and driving under the influence of alcohol more than twice.

[Criminal facts] On July 24, 2017, the Defendant driven a CBa car at approximately 800 meters alcohol concentration from a large subway station located in the same 4-dong, Daegu-gu, Daegu-gu, to the front road of the same 4-dong, the Defendant driven a CBa car under the influence of alcohol content of about 0.078% from a large amount of subway station located in the same 4-dong, new cancer.

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. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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 is the number of times and time when the defendant was punished for the same kind of crime (the defendant has the ability to be punished several times for driving drinking, but is relatively old). The degree of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sexual behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., and the various reasons for sentencing as shown in the arguments of this case shall be considered and determined as ordered.

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