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(영문) 대구지방법원 서부지원 2017.10.25 2017고단500
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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] On August 14, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic law (drinking driving) at the Seog branch of the Daegu District Court. On August 31, 2012, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic law (drinking driving) at the Seog branch of the Daegu District Court.

[2] On February 28, 2017, the Defendant driven a C Smulpo-type car with approximately 1km alcohol content of about 0.116% on the front road of the “Seocheon-gu Yancheon-gu Yancheon-gu Yancheon-gu Yancheon-gu” restaurant located in the front of the “Sagu Yanmmbane GGGG 10-gil-ro 111, in front of the “Sagu Yan-gu Yan-ro” apartment located in the same section.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, inquiry about the progress of crackdown on the driving of drinking, and statement of the situation of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order, etc.);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 201

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2009Do1448, Apr. 1, 2009) (including the following:

1. An order to attend a course under Article 62-2 of the Criminal Act;

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