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(영문) 대구지방법원 경주지원 2018.10.31 2018고단603
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2009, the Defendant issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court and Racing Support, and each of the summary orders became final and conclusive on March 5, 2014 upon receiving a summary order of KRW 6 million for the same crime from the same support.

On August 8, 2018, at around 19:20 on the 19:20th, the Defendant driven Bone Star bus under the influence of alcohol content of about 1km from the 1km section to the front road of the bus stops located in the same Myeon, from the cafeteria, in front of the restaurant of the volcanic charcoal complex on the north-west-west side of the Sincheon-si to the front road of the same Myeon.

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.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and a report on the situation of the driver of drinking alcohol;

1. Summary order;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (verification of drinking driving records);

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, and Articles 148-2 (Selection of Imprisonment);

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) the fact that the defendant had a history of driving alcohol twice but again led to the instant crime despite the fact that he/she had a high level of alcohol level in the blood transfusion of the defendant; and (b) the fact that he/she

However, considering the fact that the health status of the defendant seems not good, all the sentencing conditions in the records, such as the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., the sentence of the same punishment as the order is imposed.

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