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(영문) 대구지방법원 경주지원 2018.05.30 2018고단224
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 September 15, 2009, the Defendant was issued a summary order of 700,000 won of a fine for a crime of violating the Road Traffic Act by the Ulsan District Court, and on January 28, 2014, the Defendant was issued a summary order of 5 million won of a fine for the same crime by the same court. On May 20, 2015, the Defendant was issued a summary order of 5 million won of a fine by the same court.

On March 9, 2018, at around 02:0, the Defendant driven Bone Star Co., Ltd. with alcohol content of about 0.119% from approximately 200 meters to the roads of the agricultural community located in the same Ri, from the road in front of singing in the open-dong Eup, Gyeonggi-do.

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. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol and investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: References to inquiries, investigation reports (Attachment to the previous summary order), application of Acts and subordinate statutes of three copies of the summary order;

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.

Unfavorable circumstances: The defendant has a record of being punished several times due to drinking.

It is the high level of alcohol concentration in blood.

The favorable circumstances: A confession and reflect on the facts constituting the crime of this case.

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