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(영문) 대구지방법원 서부지원 2018.08.21 2018고단1073
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 The Defendant has been sentenced to a suspended sentence of eight months in the Daegu District Court on May 17, 2007 by imprisonment for a violation of road traffic law, etc., and five months in the same court on November 23, 2010, respectively.

【Criminal facts” From March 28, 2018, the Defendant driven a Brocketing motor vehicle under the influence of alcohol leveling 0.092% of alcohol leveling from approximately 50 meters away from the front of the Yari-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

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of the judgment attached);

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. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is against the time of committing the crime of this case, traffic accidents have not occurred due to driving of this case, and the recent seven years or more have no record of punishment for the same kind of punishment: The defendant committed the crime of this case even though there are several times the period of punishment due to driving of alcohol and driving without a license, including imprisonment and suspension of execution, and the defendant committed the crime of this case, even though there are several times the period of punishment due to driving of alcohol and driving without a license: the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, family relations, etc., including blood alcohol concentration and driving distance.

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