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(영문) 대구지방법원 서부지원 2018.08.21 2017고단3039
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

On January 25, 2007, the Defendant received a summary order of KRW 700,000 from the Daegu District Court to a fine for a violation of road traffic laws, and on September 15, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic laws in the Western Branch Branch of the Daegu District Court.

Although the Defendant had been punished for drinking driving two or more times as above, the Defendant driven B Poter cargo under the influence of alcohol at approximately 0.083% in the section of approximately 1.5 meters from the front of a non-cafeteria located in the Seo-gu Seo-gu, Daegu-gu, Seoul-gu, to the (jum) monthly road in the middle-gu, Seo-gu, Daegu-gu, the end of December 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Making teas;

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In full view of all the circumstances, including the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act recognizes his mistake and commits a second offense, there is no punishment heavier than a suspended sentence, the receipt of drinking alcohol, the background of the crime, and the record of the crime, etc., the sentence is rendered as ordered.

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