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(영문) 대구지방법원 2018.06.21 2018고단1583
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 May 29, 2012, the Defendant is a person who has driven drinking two or more times upon receiving a summary order of a fine of two million won for a violation of road traffic laws in the Seogu District Court Branch Branch of the Daegu District Court on May 29, 2012, and on July 21, 2014, upon receiving a summary order of two million won or more for the same crime from the same court.

On April 8, 2018, the Defendant driven a B K5 vehicle from the Hansung Fast Parking Lot located in 1565, as it was under the influence of alcohol level of 0.118% among blood transfusion around 01:15, from the Hansung Fast, to the Han Daegu Fast Road located in the Dong in Seogu-ri, Seogu, Seogu, Seogu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Investigation report (Attachment of the previous summary order) and application of each of the summary order statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- Recognizing the commission of crimes two times that have been punished for the violation of road traffic laws (drinking);

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