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(영문) 대구지방법원 경주지원 2018.04.25 2018고단64
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 April 17, 2007, the Defendant issued a summary order of KRW 1,50,000,000 to a fine for a violation of the Road Traffic Act (drinking driving), on the same support on August 23, 2007, a summary order of KRW 3 million due to a crime of violating the Road Traffic Act (drinking driving), and on the same support on December 28, 2012, a summary order of KRW 5 million was issued, respectively.

On January 25, 2018, at around 17:00, the Defendant driven a Bkn-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si from around 1kn-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

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. Making a statement on the circumstances of the driver who is placed in driving, making an investigation report, notifying the results of regulating the driving of drinking, making an internal investigation report, and inquiring about the results of regulating the driving of drinking;

1. Previous conviction in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same kind of force of the suspect A) statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

In unfavorable circumstances: The defendant has been punished for a fine on three occasions due to driving of drinking.

The high level of drinking is the volume of alcohol.

The favorable circumstances are confessioned and reflectd.

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