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(영문) 대구지방법원 2017.10.26 2017고단4883
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of two million won for a violation of road traffic law at the Daegu District Court on Nov. 20, 2007, and the defendant was sentenced to a fine of four months for a violation of road traffic law at the Seog Branch of the Daegu District Court on Dec. 17, 2008, for a violation of road traffic law (driving) at the Seog Branch of the Daegu District Court on Dec. 17, 2008, and for a violation of road traffic law at the Seog Branch of the Daegu District Court on July 16, 2009.

[2] On August 26, 2017, around 03:35, the Defendant driven a Dap Cargo Vehicle B with approximately 500 meters alcohol content 0.081% under the influence of alcohol on the part of approximately 500 meters to the front roads of the new bank located in the school of Daegu Northern-gu.

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. 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 written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is the number of times the defendant was punished for the same kind of crime and the time of such punishment (at least once a single punishment has been imposed, but no record of drinking driving after 2009), the alcohol concentration at the time of driving the drinking of this case, the background of the crime in this case, and other various sentencing factors indicated in the argument in this case, such as the defendant's age, sex behavior, environment, and circumstances after the crime, etc., shall be determined as ordered by considering the following factors.

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