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(영문) 대구지방법원 서부지원 2018.09.19 2018고단423
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 March 9, 2007, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic laws at the Daegu District Court, and on April 22, 2013, issued a summary order of two million won for the same crime from the Western Branch Branch of the Daegu District Court.

On February 11, 2018, at around 18:50, the Defendant driven a B-wing truck under the influence of alcohol leveling 0.074% in a section of about 1km from the IK factory located in the same Dori-ri, to the front day of the New century oil station in the same rith of the same area.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the record of criminal punishment for the same kind of crime, is that the defendant committed the crime of this case even though he had the record of criminal punishment on several occasions, and traffic accidents occurred due to the crime of this case. Meanwhile, the fact that the defendant is against the time of the crime of this case, and drinking values, and various circumstances shown in the arguments of this case including drinking values.

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