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(영문) 대구지방법원 서부지원 2018.12.19 2018고단1347
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 June 15, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (drinking driving) in the Chuncheon District Court's original state support on June 15, 2009, and on March 2, 2012, the Daegu District Court issued a summary order of KRW 2 million for a crime of violating Road Traffic Act (dacting driving).

Although the Defendant had been punished twice as a crime of violating the Road Traffic Act (drinking) as above, on March 26, 2018, the Defendant driven B K5 automobiles while under the influence of alcohol content of about 0.102% from the 5km section of the blood alcohol level to the front road of the Seogu Yan-dong, Seocheon-gu, Daegu-gu, Seocheon-gu, Seoul-gu, to the front road of the Seogu Yan-gu charge located in the same city, Seogu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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, even though the defendant had already been punished for the same kind of crime, the crime of this case was committed and the drinking volume is relatively high, while the defendant being aware of the crime of this case at the same time, there is no record of crime exceeding the fine, and other circumstances shown in the argument of this case are considered.

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