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(영문) 대구지방법원 서부지원 2019.05.10 2018고단2655
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2018, the Defendant, while under the influence of alcohol around 03:50% of blood alcohol level, driven a Radal car from about 1 km to about 0.178% of the 0.178% of 0.17% of the Daegu Seo-gu Factory front road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver;

1. Application of Acts and subordinate statutes after making a report on the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even if the Defendant had a previous record of drunk driving, needs to strictly punish the Defendant, taking into account the following: (a) the driving of the instant case was conducted again despite his previous record of drinking alcohol driving; (b) the high drinking level is high; and

However, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, the fact that there is no criminal record exceeding the fine, the circumstances of the crime, the criminal records, the prosecutor's punishment, etc., the decision is made as ordered.

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