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(영문) 대구지방법원 서부지원 2017.11.23 2017고단1408
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 5, 2007, the Defendant received a summary order of a fine of one million won for a violation of road traffic law (drinking driving) from the Seoggu District Court Branch on the same day, and on January 19, 2009, one million won for the same crime at the same court, respectively, and made two driving records.

On May 22, 2017, the Defendant driven a BV-si car in front of the new bank located in 126, Seogu Seo-gu, Seogu, Seogu, Daegu-gu, 141, while under the influence of alcohol content of 0.118 percent among blood transfusion around 22:46.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving under drinking, a written statement of the driver under driving under drinking, a report on the situation of the driver under driving under driving under drinking, and inquiry about the results of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Although Article 62-2 of the Criminal Act of an order to attend a lecture has the same record of sentencing twice, all of them are the record of fine, there is no record of criminal punishment exceeding a fine, and there is no intention to again drive drinking while reflecting the depth of the sentence;

The sentencing conditions shown in the trial process of this case, such as the defendant's age, sex behavior, family relationship, family environment, motive and means of crime, and circumstances after crime, etc. shall be determined as ordered in full view of the sentencing conditions shown in the trial process of this case.

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