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(영문) 대구지방법원 서부지원 2018.12.12 2017고단2513
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 May 20, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (driving alcohol) at the Daegu District Court, and on March 26, 2012, the Defendant was issued a summary order of KRW 3 million for the same crime, etc. at the same court. On August 21, 2015, the Defendant was issued a summary order of KRW 6 million for the same crime, etc.

[2] Although the Defendant had been punished on more than two occasions due to the violation of the prohibition of drinking driving, the Defendant driven a brocketing vehicle under the influence of alcohol content of approximately 0.052% from September 23, 2017 to July 11-6, 2017, which was under the influence of alcohol at approximately 5km from September 23, 2017, the 5km-ro 56-gil, Seogu, Seogu, Daegu-gu, Seogu, Seogu, Seogu, Seogu, for the purpose of drinking-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous conviction in judgment: Application of a reply to inquiry, investigation report, copy of summary order, such as criminal history;

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. 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 Act, including the fact that the defendant had been already subject to criminal punishment for the same kind of crime over several times, and the defendant committed the crime of this case on the other hand, the fact that the defendant was committed by committing the crime of this case, the fact that the defendant has no record of committing the crime exceeding the fine, the time of detection and the amount of drinking alcohol, etc.,

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