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(영문) 대구지방법원 포항지원 2017.08.10 2017고단523
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 6, 2004, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On August 2, 2010, the Defendant was sentenced to a summary order of 2 million won for a crime of violating the Road Traffic Act in the Daegu District Court Port Branch of the Daegu District Court. On September 16, 2013, the Defendant was issued a fine of 1 million won for a crime of violating the Road Traffic Act.

[2] On April 24, 2017, the Defendant driven a BShab car with alcohol content of about 0.104% at the section of approximately 100 meters from the 100-meter radius to the front road of the cafeteria-gu, Northern-dong, Northern-si, Northern-si.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (verification of the same criminal suspect records) and statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, that the defendant does not repeat again as he or she repented his or her mistake, and the sentencing conditions specified in the pleadings of this case, including the defendant's age, environment, and sexual behavior, shall be determined as ordered by taking into account all the circumstances that form the sentencing conditions specified in the arguments

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