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(영문) 대구지방법원 서부지원 2018.12.19 2018고단1312
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On August 7, 2006, the Defendant was sentenced to a fine of three million won due to a crime of violating the Road Traffic Act at the Daegu District Court on August 7, 2006, and on April 9, 2015, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (harm or death caused by danger) and a violation of the Road Traffic Act.

On May 3, 2018, the Defendant driven a sports cargo vehicle B New Coin in the state of alcohol alcohol leveling 0.118% from approximately 100 meters away from May 3, 2018 to the roads in front of the Y Heavy Industries located in the Seogu Seocheon-gu, Daegu-gu, Daegu-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, notification of the results of regulating drinking driving, investigation report (report on the situation of the driver in charge of driving), statement report on the situation of the driver in charge of driving, and report on the situation of driving in charge;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (former and confirmation), and copy of the judgment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Custody, etc. Act, which has already been subject to criminal punishment for the same kind of crime, is the fact that the defendant commits the crime of this case, the drinking level is high, the fact that the defendant is against his/her intent to commit the crime of this case, and other various circumstances recognized by the argument of this case including the defendant's health condition.

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