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(영문) 대구지방법원 영덕지원 2018.06.20 2018고단38
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 1, 2006, the Defendant received a summary order of KRW 500,000 from the Gwangju District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, the summary order of KRW 700,000 as a fine for the same crime in the same court on February 25, 2008, and the summary order of KRW 7 million as a fine in the same court on December 24, 2013, respectively.

On March 6, 2018, the Defendant driven a Cpoter II cargo vehicle with approximately 1km alcohol content of about 0.055% from the 1km section to the residents’ love road located in the center of the death side, from the front of the fishing place in front of the death side of the Gungjin-gun, Gungnam-gun around 2018, while under the influence of alcohol by around 0.05%.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, notification on the results of crackdown on the driving of drinking, and inquiry into the following:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, a punishment as ordered shall be determined by taking into account the following circumstances and all of the sentencing factors indicated in the pleadings of the instant case, including the Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., and the execution of the order shall be suspended on condition that the order to attend is faithfully

Unfavorable circumstances: Although the defendant had been sentenced three times to a fine due to drinking driving, he/she again reaches the crime of this case: The defendant recognized all of the crimes of this case, repents his/her mistake and reflects his/her mistake, the degree of the defendant's driving at the time of driving is relatively low, and the defendant's driving at the time of driving.

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