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(영문) 대구지방법원 2018.03.22 2017고단6816
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 November 17, 2006, the Defendant issued a summary order of KRW 4 million for a violation of road traffic laws at the Daegu District Court (LA) and a summary order of KRW 2.5 million for a crime of violation of road traffic laws at the same court on June 22, 2011.

[2] On November 27, 201, the Defendant, while under the influence of alcohol of 00:01 on a blood alcohol level of 0.144%, driven B new car at the 2km section of about 107 km in front of a restaurant where it is impossible to identify the trade name in the 2nd area of the 2nd area of the 2nd area in the Gyeongsan-si in Busan-si, the Defendant, from a day before the restaurant where it is impossible to identify the trade name in the 2nd area of the 2nd area of the 107nd street.

As a result, the Defendant was punished more than twice as a crime of violating the Road Traffic Act (drinking) and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and summary order);

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 include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.

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