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(영문) 대구지방법원 2017.05.25 2017고단1606
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on June 8, 2007, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act, and on October 2, 2008, the Defendant violated the duty of prohibiting driving under the influence of alcohol on at least two occasions by having been sentenced to imprisonment for not less than six months for a crime of violating the Road Traffic Act in the same court on October 2, 2008.

On March 3, 2017, at around 02:30, the Defendant driven B-low-water vehicle while under the influence of alcohol content of about 0.08% at a section of about 700 meters in front of the Daegu Science High School located in the same Gu on the cafeteria Dosan-dong, Daegu Simsan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a copy of a 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant had a record of punishment for driving under drinking more than one time and the record of such punishment contains a record of sentence sentenced in 2008, but also committed this crime.

The defendant has not been forced to drive drinking for a considerable period since around 2008.

The defendant again does not commit the same crime.

There are many things.

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