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(영문) 대구지방법원 서부지원 2018.04.20 2017고단2000
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In the support of the Daegu District Court on December 12, 2006, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and on September 17, 2009, the same court received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving).

Although the Defendant had been punished on more than two occasions due to the foregoing violation of the prohibition of drinking driving regulations, the Defendant driven B rocketing car volume at approximately 0.189% of alcohol level in the section of about 1km from the influent restaurant located in the Daegu Seo-gu, Daegu-gu to the front day of the store to the same flowncle 3:50 on August 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Making teas;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (report on the confirmation of the same criminal records as the criminal suspect), and summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant was punished as a crime of violating the Road Traffic Act, again commits a second offense despite being punished, the Defendant’s drinking is high, and the Defendant’s driving of the instant drinking, led to the shock of the central separation force force, there is a need for a strict punishment for the Defendant.

However, in consideration of all circumstances, such as the fact that the defendant recognized his mistake and reflects, that the defendant does not drive drinking again, and disposes of the vehicle (transfer) while he does not drive drinking, and that there is only the criminal records of the defendant as the criminal records of the judgment, the decision is made as ordered.

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