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(영문) 대구지방법원 서부지원 2018.04.27 2017고단2123
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2006, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on October 7, 2010, the Defendant received a summary order of KRW 3,50,000 as a crime of violating the Road Traffic Act (non-licensed driving) and a crime of violating the Road Traffic Act (non-licensed driving).

On August 18, 2017, around 23:25, the Defendant driven a BSpo-type car under the influence of alcohol content of 0.142% in alcohol level from the front of a cafeteria in the tecian Pream on the tecian seat, which is approximately 3 km away from the front of the ecknoid to the front of the taxi in the same face of approximately 3km.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, and a report on investigation (a report accompanied by a copy of a summary order);

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. In light of the fact that the defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, once again commits a crime of violating the Road Traffic Act, even though he/she has been punished twice, and that the defendant has a high drinking level, there is a need to strictly punish the defendant.

However, in consideration of all circumstances, such as the fact that the defendant recognized his mistake and reflects against the defendant's criminal records, and the fact that there are only the criminal records punished by a fine of KRW 500,000 as a result of the violation of the Military Service Act in 2010, the sentence shall be imposed as ordered.

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