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(영문) 대구지방법원 서부지원 2018.08.24 2017고단3092
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seogu District Court Branch Branch of the Daegu District Court. On March 3, 2010, the Defendant was issued a summary order of KRW 2 million for the same crime at the same court.

Nevertheless, on November 29, 2017, the Defendant driven CMW car under the influence of alcohol content of approximately 0.171% from the 4km section from the 4km to the front road of the Defendant’s house located in the Solin Hospital funeral hall in Daegu-si, Daegu-si., the Defendant driven CMW car at around 21:10 to the front road of the Defendant’s house located in the above B.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Making teas;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In full view of all the circumstances, including the fact that the defendant's reasons for sentencing under Article 62 (1) of the Criminal Code of the suspended sentence recognized his mistake and did not repeat the crime, the fact that he must support a pregnant woman (83 taxes) with poor mobility, drinking volume, circumstances of the crime, and criminal records, the sentence is ordered as ordered.

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