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(영문) 대구지방법원 의성지원 2018.02.22 2017고단318
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 26, 2005, the Defendant was sentenced to a fine of 3.5 million won due to a violation of road traffic laws (refluence of alcohol measurement), etc. on September 14, 2007, and was sentenced to a fine of 3.5 million won due to a violation of road traffic laws (refluence of alcohol measurement) in the support of the Daegu District Court Kimcheon on September 14, 2007. On January 11, 2010, the Defendant was sentenced to a fine of 3 million won due to a violation of road traffic laws (refluence of alcohol), and was sentenced to a suspended sentence of 6 months on September 2, 2010.

On August 8, 2017, while under the influence of alcohol leveling to 0.190% among blood transfusions, the Defendant driven B rocketing car at approximately 45 km from the home flusium to the front road of the Gyeongbuk-si located in the Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-do, in the shape of alcohol leveling to 0.190%.

Accordingly, even though the Defendant violated the prohibition clause on driving under the influence of alcohol more than twice, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Records of crime: Application of Acts and subordinate statutes attached to a reply to inquiry, such as criminal history, a criminal investigation report, and a summary order and judgment attached thereto;

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;

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

1. For the reason of sentencing under Article 62-2 of the Criminal Act, at the time of the instant crime, the Defendant’s blood alcohol concentration was very high to 0.190%, and there is a need to strictly punish the Defendant in that the Defendant has been punished several times for the same crime.

However, the defendant recognizes his mistake and reflects his mistake, and the defendant does not drive drinking again.

The fact that it is, and others, the defendant.

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