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(영문) 대구지방법원 2018.05.25 2018고단144
도로교통법위반(음주운전)
Text

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

The Defendant, at the Incheon District Court on July 17, 2009, issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on the summary order on August 12, 201, and a fine of KRW 2,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Ansan Giwon Giwon on August 12, 201.

On January 1, 2018, at around 07:56, the Defendant driven a passenger car in the BTluri in the state of alcohol concentration of approximately 0.194% from the section of the B B B, while under the influence of alcohol concentration of about 300 to the next road located at about 23-lane 22 of the same Gu, from the B B B, which was located in the Dogsan-dong, Daegu Suwon River.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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. 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 punishment as ordered shall be determined in consideration of the records, such as the protection and observation, the fact that the defendant was punished for the same crime, the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act has a high alcohol concentration in his blood, the defendant's reflects his blood, the fact that the defendant has no criminal record exceeding the fine, the defendant's age, sexual behavior, environment, motive and circumstances after the crime, etc.

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