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(영문) 대구지방법원 영덕지원 2018.04.04 2018고단22
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 20, 2007, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (dacting driving) from the Daegu District Court Young-gu District Court (Seoul District Court), and on October 15, 2014, the Defendant received a summary order of KRW 4 million as a fine for the same crime in the same court.

On January 15, 2018, the Defendant driven Cirst Motor Vehicle under the influence of alcohol with 0.160% alcohol concentration at a parking lot located at the 47-gil, Gapo-ri, Mapo-ri, Mapo-ri, Mapo-ri, Mapo-ri, Mapo-ri, Mapo-ri, Mapo-ri, Mapo-ri, Mapo-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (report on the situation of a driver driving, confirmation at the scene of drinking control, hearing oral statements by police officers in mobilization), and attached materials;

1. A report on the circumstances of driving under drinking, a report on the results of regulating driving under drinking, and a report on the circumstances of the driver under drinking;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of each summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. For the reasons for sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the sentencing factors indicated in the pleadings of the instant case, including the Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, and the execution of the order shall be suspended on condition that the order to attend the lecture is faithfully observed.

Unfavorable circumstances: The defendant's previous records of being fined twice due to drinking, but again led to the crime of this case, etc.; Considering the fact that the defendant recognized all of the crimes of this case, repents his or her mistake, reflects his or her behavior, and that the distance of the defendant's driving of drinking is very short, etc.

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