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(영문) 대구지방법원 2017.09.14 2017고단3969
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 January 6, 2010, the Defendant was punished by a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on the same day, and on July 18, 2012, a person who had been punished by a fine of KRW 1.5 million by a fine of KRW 1.5 million for the same crime at the same court on the same day, on at least two occasions.

On July 12, 2017, the Defendant, while under the influence of alcohol content of 0.188% among blood transfusions, driven a B Trate XG car at a section of approximately 70 meters in front of the road in front of the Daegu Northern-gu cafeteria cafeteria at the seat of the same personnel cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of traffic accidents;

1. Occurrence of a violation of traffic laws on roads, and a report on the arrest of such a violation;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment (in the case of the accused, the same criminal records as the judgment of the court) shall have the same criminal records as the judgment of the court;

The degree of alcohol content is more than 0.1% among the bloods at the time of driving of the instant case, and the level of alcohol is more severe.

In light of the composition requirements, it did not reach the post-accident measures under the Road Traffic Act, but the Defendant was at risk of causing harm to the traffic at the time of the instant case, such as avoiding the site after collision of the vehicle parked while driving under drinking.

There are no circumstances to be considered in the motive.

1. Articles 53 and 55(1)3 of the Criminal Act (the vehicle driven by the defendant was covered by the comprehensive motor vehicle insurance);

The defendant is seriously against the defendant, and the defendant will not repeat again again in the future.

1. Article 62(1) of the Criminal Act (the sentencing criteria for traffic crimes applicable to the reasons for the above mitigation and similar crimes shall be negative in the suspension of execution where there are two or more criminal records of the same kind of suspended execution or more within five years;

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