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(영문) 대구지방법원 2018.06.28 2018고단1717
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On March 26, 2007, Defendant 2018, Defendant 1717 driven a drinking driver at the Daegu District Court, who received a summary order of KRW 1,500,000 as a fine for a crime of violating road traffic law, and on October 20, 2010, issued a summary order of KRW 3 million as a fine for the same crime at the Seo branch of the Daegu District Court’s Seo branch on October 20, 201.

On April 19, 2018, the Defendant driven BM car from around 100 meters to the front road of the new bank located in 427 in the Daegu Northern-dong, Daegu-dong, under the influence of alcohol content 0.074% during blood transfusion around 03:10.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. Defendant Defendant 1973, on March 26, 2007, driven under drinking at least two occasions, including a summary order of KRW 1,50,000,000, which was issued by the Daegu District Court to a fine for a violation of road traffic law, and a summary order of KRW 3 million on October 20, 2010, which was issued by the Seo branch branch of the Daegu District Court to a fine for the same offense, etc.

On May 2, 2018, the Defendant driven BM car under the influence of alcohol with approximately 200 meters alcohol concentration of 0.116% from a 200-meter section from the front of a mutually influent restaurant to the front road of the same route, which is located in the Daegu Northern-gu, Daegu Northern-ro.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

[2018 Highest 1717]

1. Statement by the defendant in court;

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

1. Written inquiry about criminal history, etc.;

1. Investigation report (Attachment of the previous summary order of the past calendar) (2018 Height 1973);

1. Statement by the defendant in court;

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

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on the report of investigation (verification of suspect records);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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