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(영문) 대구지방법원 상주지원 2018.06.05 2018고단69
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On April 27, 2010, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating road traffic law (drinking driving) in the resident support of the Daegu District Court, and KRW 2 million as a crime of violating road traffic law (drinking driving) in the support of the Daegu District Court on August 22, 2013.

[2] On February 28, 2018, under the influence of alcohol content of 0.123% during blood, the Defendant driven a car with Craton in the section of about 7 km from the front of the welfare center of the Pungcheon-gun, Gungcheon-gun, Gungcheon-gun, Gungcheon-do, a Pungcheon-do, a Pungcheon-do, a Pungcheon-do, a Pungcheon-do, a Pungcheon-do, a Pungcheon-do, a Pungcheon-do, a Pung-do, a Pung-do, a Pung-ro, a Pung-

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on drinking;

1. Investigation report (No. 12 No. Serials of evidence list);

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and application of each investigation report (No. 19,22 of the evidence list);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only several times the Defendant’s history of driving alcohol, but also a large number of traffic-related crimes, and the drinking driving level in this case is also considered disadvantageous to the Defendant.

However, the fact that the defendant recognizes and reflects the crime, and that he will not drive drinking again in the future.

shall be taken into consideration in favorable circumstances.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the defendant's age and family relations, shall be determined as per the disposition.

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