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(영문) 대구지방법원 경주지원 2018.06.21 2018고단217
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

On September 20, 201, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court and racing support on September 20, 201, and on June 25, 2015, the Defendant was sentenced to imprisonment with labor for 10 months and a suspended sentence of 2 years for the same crime in the same court on June 25, 2015, and was sentenced to three times more.

On February 11, 2018, at around 12:40, the Defendant driven a DNA-learning car under the influence of alcohol content of about 0.163% from a 1km section from the front side of the Chocheon-gu, Seocheon-gu, Seocheon-si to the front side of the oil station located in Seocheon-gu, Seocheon-gu, Seocheon-do.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the same influence.

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include a suspended sentence of imprisonment due to drinking driving, etc., and the Defendant committed the instant crime at all times. The instant crime was committed. The alcohol concentration at the time of the instant crime is also high.

However, the defendant recognizes his mistake and reflects his depth.

A married to Vietnam, two children (the birth in 2007 and the birth in 2011) have been divorced, and the defendant currently raises two children who are under age.

The victim who was contacted with the victim at the time of the crime of this case agreed smoothly with the victim who was faced with the accident of this case and the victim wanted to take the defendant's wife, and the vehicle of this case is transferred to another person, and the victim will not avoid such crime again in the future.

(2) the Corporation.

In addition to these circumstances, the age, sex, environment, family relationship, motive and consequence of the crime.

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