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(영문) 대구지방법원 2018.06.07 2018고단1582
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

[criminal history] The Defendant is a person who, at the Daegu District Court on October 6, 2010, has been sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (driving), and on July 2, 2014, has been sentenced to a fine of KRW 2 million for the same crime at least twice by the same court.

[Criminal facts] On April 8, 2018, the Defendant driven B car rental cars from around 50 meters to around 94, Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, while under the influence of alcohol leveling to 0.089% of alcohol level among blood transfusions.

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: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);

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. In addition to the fact that an order to attend a lecture repeatedly commits the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the record, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and the circumstances of the crime.

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