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(영문) 대구지방법원 서부지원 2018.09.05 2018고단578
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 February 18, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Seogu District Court Branch on February 18, 2009, and a fine of KRW 1.5 million as a crime of violating the Road Traffic Act in the same court on November 7, 201.

On March 1, 2018, the Defendant driven a Category B Pool car under the influence of alcohol content of about 0.134% from the 1km section to the front side of the south village of the west-gu, Seocheon-gu, Daegu-gu, Seocheon-gu, Taecheon-gu, Daegu-gu, the front of which is about 1km to the south village of the west-gu, Seocheon-gu, Daegu-gu, Seocheon-gu.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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. 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 fact that the defendant had been already punished for driving alcohol twice or more times, and the amount of drinking alcohol is high, while the defendant being aware of the crime in this case, there is no record of being punished more than a suspended sentence, and there is no record of being punished more than a suspended sentence, and all other circumstances, including the defendant's age, sexual behavior, environment, motive, circumstance, means and consequence of the crime, and circumstances after the crime, etc., which are the condition for sentencing as shown in the argument in this case, shall be determined as the sentence as ordered.

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