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(영문) 대구지방법원 서부지원 2019.06.04 2018고단2738
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2006, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act, and on April 19, 2010, the Defendant received a summary order of KRW 2,50,000 as a fine of KRW 2,50,000 as a crime of violation of the Road Traffic Act

On September 27, 2018, at around 05:49, the Defendant driven a felon vehicle with approximately 3km from around 0.106% alcohol level to around 0.106%, while under the influence of alcohol around 05:49.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of crackdown on drinking driving;

1. The actual survey report and on-site photographs;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant, even though having been able to have a previous conviction, causes an accident that repeatedly breaths other vehicles, causes a high drinking level, a high drinking level, and the risk of drunk driving, etc., should be strictly punished.

However, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, there is no criminal record exceeding the fine, driving distance, details of the crime, and the prosecutor's life sentence (the same as the original sentence). It is so decided as per Disposition.

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