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(영문) 대구지방법원 서부지원 2017.09.21 2017고단718
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 31, 2013, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving), a fine of 1.5 million won as a crime of violating the Road Traffic Act at the Daegu District Court on May 14, 2013, and a fine of three million won as a crime of violating the Road Traffic Act (drinking driving) on September 19, 2014, respectively.

피고 인은 위와 같이 2회 이상 음주 운전으로 처벌 받은 전력이 있음에도 불구하고 혈 중 알코올 농도 0.205% 의 술에 취한 상태에서, 2017. 2. 20. 02:22 경 대구 달서구 대명 천로에 있는 GS 편의점 앞 도로에서부터 대구 달서구 용 산로에 있는 신라원 짬뽕 앞 도로에 이르기까지 약 500m 구간에서 B 라 세 티 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving under drinking, and a written statement of the situation of the driver under driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture, despite the fact that the defendant had been punished on several occasions due to drinking driving, etc., he/she also drives drinking while he/she has a high alcohol level during blood, is disadvantageous to the defendant.

Defendant would not drive drinking again while putting in mind his depth.

It is favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.

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