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(영문) 대구지방법원 상주지원 2018.09.04 2018고단184
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 26, 2006, the Defendant was sentenced to a suspension of one-year imprisonment with labor for a violation of road traffic law (drinking driving), etc. in the support of the Suwon Flag Flag, and on February 16, 2015, the Defendant was issued a summary order of two million won as a fine for the same crime in the resident support of the Daegu District Court.

[Criminal facts] On June 8, 2018, the Defendant driven B low-water car in the state of alcohol alcohol concentration of about 0.123% from the 1km section to the front road of the Taeyang Motor Vehicle Industrial Complex, which is located in 18-lane 6-30, Gohyeong-gu, Gohyeong-gu, 2018, at the same time, from the front road to the front road of the Taeyang Motor Vehicle Industrial Complex, which is located in 47-ro 18, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of a driver making a drinking and report on the results of drinking control;

1. Investigation report (No. 4 No. 5 of the evidence list);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (No. 11) and judgment, such as criminal history;

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 suspension of execution (resumed grounds for reduction of amount);

1. The following circumstances are considered: (a) the Defendant’s driving of alcohol on the grounds of sentencing in Article 62-2 of the Criminal Act led to the third sentence; (b) the Defendant’s driving of alcohol on the grounds of sentencing in Article 62-2 of the Order to Attend the lecture; (c) the Defendant’s driving of alcohol on the grounds of personnel accidents in 2006, even if the nature of the crime was not good; (d) the Defendant committed a non-licenseless driving twice thereafter; and (e) the Defendant committed a crime after the last driving of alcohol; and (e) the alcohol concentration in

However, it shall be considered in favor of the defendant to recognize and reflect all crimes.

In addition, the defendant's age, family relations, economic situation, etc. and the sentencing conditions shown in the records of this case.

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