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(영문) 대구지방법원 2018.03.30 2017고단6818
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 December 10, 2014, the Defendant issued a summary order of 2.5 million won for a violation of road traffic law (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on December 10, 201, and a fine of 1.5 million won for a violation of road traffic law in the same court on October 20, 2014.

On November 19, 2017, the Defendant driven B rocketing vehicles under the influence of alcohol content of approximately 0.164% from the 700m section to the front road of the same LG located in the Daegu Northern-dong, Daegu Northern-gu, Daegu-do, at around 06:15, when the Defendant was under the influence of alcohol during blood alcohol level of about 70 meters.

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. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of a written inquiry about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 sentencing conditions indicated in the records, such as the observation of protection, the order to provide community service and attend lectures, the fact that the defendant was a previous criminal record of the same kind, the defendant's blood alcohol concentration is high, the defendant's reflectivity, the defendant's age, sexual behavior, environment, motive and circumstances after committing the crime, etc., shall be determined as ordered by the court.

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