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(영문) 대구지방법원 서부지원 2018.03.30 2017고단1668
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 21, 2009, the Defendant received a summary order of KRW 700,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on March 16, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Western Branch Branch of the Daegu District Court.

On July 3, 2017, at around 21:47, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.213% from the 1km section to the roads in front of the Samsung Logistics Center located in the 499, as from the day before the restaurant, on which it is impossible to know the trade name in front of the name of the university located in the Seogu Seosan-gu, Daegu National University.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking;

1. Making teas;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same 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. It is necessary to strictly punish the defendant when considering the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was punished as a crime of violating the Road Traffic Act; and (b) the fact that the defendant's drinking is very high; and (c) the defendant has received drinking.

However, in consideration of all the circumstances, such as the fact that the defendant acknowledges and reflects his mistake and that there is only a previous conviction in the criminal records of the defendant, the sentence is ordered as per the Disposition.

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