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(영문) 대구지방법원 서부지원 2018.03.16 2017고단1857
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

[criminal history] On November 11, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seogu District Court Branch Branch of the Daegu District Court. On December 26, 2014, the Defendant was issued a summary order of KRW 3 million for the same crime, etc.

[2] On June 9, 2017, Defendant 1, who violated the provision prohibiting the driving of alcohol twice or more, was driving B in the state of alcohol alcohol level of about 0.089% from the 20km away to the rest of the same city from the roads near the Busan Kimcheon-si citizens' tower at around 0:30 on June 9, 2017, to the rest of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry results, such as criminal history, and investigation reports (formers and confirmations) Acts and subordinate statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a record of criminal punishment four times for the same crime, also leads to the crime of this case. Meanwhile, the fact that the defendant is against himself/herself when committing the crime of this case, there is no record of the crime exceeding the fine, and other circumstances shown in the argument of this case including drinking value, driving distance, etc.

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