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(영문) 대구지방법원 안동지원 2017.11.10 2017고단591
도로교통법위반(음주운전)
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On October 29, 2009, the Defendant received a fine of two million won or more due to a violation of road traffic laws (drinking driving) in the support of the Daegu District Court on October 29, 2009, and on April 25, 2014, the Defendant received a fine of four million won or more due to a violation of road traffic laws (drinking driving) in the same court on April 25, 201.

On August 28, 2017, the Defendant driven a galloned vehicle with approximately 1km from around 77 meters in front of the permanent bowling place in 00:01 to the gallon village located in the same Si-Ycheon-dong, with alcohol concentration of about 0.107% in alcohol level, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, statement of the circumstances of the driver of drinking, and report of the circumstances of driving of drinking;

1. Each investigation report and accompanying materials;

1. Application of Acts and subordinate statutes to inquiries, 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. 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 was not only punished for the crime of drinking twice as stated in its reasoning, but also committed the crime of this case when the defendant was found to have been aware of a total of 3 times drinking driving since the juvenile protection case was committed by driving under drinking prior to that time. This is a disadvantageous circumstance to the defendant.

The Defendant led to confession and reflect on the crime of this case.

There is no history of criminal punishment exceeding a fine against the defendant.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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