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(영문) 대구지방법원 2017.09.26 2017고단4236
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 8, 2008, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic law at the Daegu District Court on the same day, and on April 28, 2009, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with labor for the same crime, and was sentenced to a suspended sentence of 2 years for driving under drinking on at least two occasions.

On July 21, 2017, the Defendant was under the influence of alcohol content of 0.130% during blood transfusions. On July 21, 2017, the Defendant driven a B-hand car in the section of about 5 km to the road front of the G-gu North apartment site located in the same school of the same Gu at a influent place of not more than 3 Ga.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected victims of violating traffic laws on roads;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment for a crime (any circumstance in which the degree of alcohol content is more than 0.1%, and the motive and circumstances for driving shall not be taken into account, with the history of being sentenced twice a suspended sentence due to the crime of the same kind, and three times a fine is sentenced);

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (any person who is obviously reflectd, social ties, and any person who has been subject to suspended execution for the last five years);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for mitigation of the aforementioned amount);

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Orders to provide community service and attend lectures;

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