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(영문) 대구지방법원 서부지원 2018.05.03 2018고단471
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2009, the Defendant was issued a summary order of a fine of KRW 700,000 for a crime of violating the Road Traffic Act at the Daegu District Court, and on February 1, 2010, issued a summary order of KRW 2.5 million for the same crime from the Western Branch Branch Branch Branch Branch of the Daegu District Court on February 1, 2010, and has been punished twice as a crime of violating the Road Traffic Act.

Nevertheless, on February 7, 2018, the Defendant driven B K7 car under the influence of alcohol concentration of approximately 0.207% from the 200-meter section to the front road of the dymphian Dog-dong, Seogu, Daegu-gu, Daegu-gu, Seog-gu, in front of the dymb cafeteria, to the front road of the dymphian Dog-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend lectures: The defendant is against the time of committing the crime of this case, traffic accidents caused by drinking driving do not occur, and disadvantageous circumstances that have no record of severe punishment beyond the suspension of execution: The defendant committed the crime at once despite the same kind of punishment: the amount of alcohol concentration in blood is significant; the defendant's age, sex, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and family relations, etc. shall be determined as ordered by the disposition, comprehensively taking into account all the kinds of sentencing conditions, such as the defendant's age

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