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(영문) 대구지방법원 서부지원 2017.11.10 2017고단812
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 January 23, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Daegu District Court, and a summary order of KRW 3 million for the same crime in the Western Branch Branch of the Daegu District Court on July 20, 2009.

[2] On March 27, 2017, around 20:50, the Defendant driven a cub car in B while under the influence of alcohol content of about 10 meters from the 10-meter section of alcohol to the front road of the Han-dong elementary school of the same Han-dong located behind the apartment.

Accordingly, the defendant, who violated the prohibition of drinking driving at least 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 making a drinking, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 defendant for the reason of sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act is subject to punishment several times due to drinking driving and non-licensed driving, but the last sentence is to suspend the execution of punishment only once considering the lapse of a considerable time in 2009.

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