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(영문) 대구지방법원 서부지원 2017.08.24 2017고단667
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

[Criminal history] The Defendant was sentenced to a suspended sentence of two years in the Daegu District Court on January 18, 201 to a crime of violating the Road Traffic Act (drinking driving), and two years in the suspension of execution in the Daegu District Court on September 5, 2013 to a crime of violating the Road Traffic Act (drinking driving), respectively.

[2] On February 14, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.141% at the 50m section from the 500m section of blood alcohol to the yellow Sea Water in the same Gu, from the 15-lane, Seogu-gu, Daegu-gu, and the 15-lane, the 15-gil, the YY-ro, the YY-ro, and the YY-dong, the 15-gil, the YY-ro.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Ascertainment and reporting of suspects in violation of traffic laws on roads, notification of the results of suspension of driving under drinking, circumstantial reports of drivers under driving under the influence of alcohol, reporting of the circumstances of driving under the influence of alcohol, and inquiry into the results of regulating driving under

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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, Article 44-2 of the Medical Care and Custody Act, and Article 62-2 of the Act on the Medical Care and Custody, etc., is that the defendant has been punished several times due to the same kind of drinking, in particular, even if a suspended sentence was sentenced twice, he/she drives a drinking again, and that the drinking value is not lower than that of the defendant.

There are circumstances to consider the circumstances in which the defendant is driving alcohol, and that the defendant's health is not good and that the defendant has a dependent is favorable to the defendant.

In addition, there is a need to treat the accused with respect to alcohol, and there is an active guidance on the accused's treatment.

I seem to appear.

. These points;

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