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(영문) 대구지방법원 2018.08.17 2018고단2498
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 27, 2007, the Defendant was sentenced to a summary order of a fine of 3.5 million won for a crime of violating the Road Traffic Act at the Daegu District Court on the grounds of a violation of the Road Traffic Act, and on May 25, 2012, the Defendant was sentenced to a suspended sentence of two or more times for six months due to a violation of the Road Traffic Act in the support of the Daegu District Court within the Daegu District Court on the grounds of a violation of the Road Traffic Act.

On June 4, 2018, around 18:53, the Defendant driven B Maz car under the influence of alcohol concentration of about 0.104% from around 5km to around 10,00,00, 100,000, 100,000,000, 100,000,000,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Previous conviction: Application of a written inquiry about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigated punishment is as follows: (a) the Defendant committed the instant crime during the suspended execution period [the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or a violation of the said Act, even in the case where the Defendant was sentenced to three years of a suspended sentence on March 31, 2017, and the said judgment became final and conclusive on April 8, 2017]; (b) the Defendant committed the instant crime; (c) the Defendant’s blood alcohol concentration is high; (d) the Defendant had the records of three times of punishment for the same crime (two times of a suspended sentence of imprisonment; and once of a suspended sentence of imprisonment); (d) the Defendant reflects the Defendant’s gender; and (e) the Defendant’s age, sexual behavior, environment; and (e) the motive and circumstances after committing the instant crime.

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