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(영문) 대구지방법원 2018.02.09 2017고단6413
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

A suspect is a person who, on July 8, 2016, has been issued a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Daegu District Court on July 8, 2016, and (2) a person who, on December 30, 2013, has driven under drinking at least two times after having received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) in the support of the Suwon Friwon method.

1. On October 21, 2017, the criminal suspect driven BD car under the influence of alcohol with approximately 2km from around October 21, 2017 to around 42 knstm alcohol concentration at around 0.127% at the same Si university from the front side of the projected bridge located in the Yandong in the Yan-si, Busan Metropolitan City around 06:50 to around October 21, 2017.

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. On November 7, 2017, the criminal suspect driven C SP motor vehicle under the influence of alcohol content of about 0.18% at the 1km section from the roads front of the Dong-gu Daegu Dong-dong, Daegu-gu, to the roads front of the river basin located in the same Gu-gu Dong-dong, Daegu-dong-dong to the river basin in the same Gu-dong.

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

1. Statement by the defendant in court;

1.The circumstantial statement report of the driver at each State (Evidence No. 11, No. 2, No. 6 of the evidence record), each notification of the results of the crackdown on driving alcohol (Evidence No. 1, No. 13, No. 2, No. 8 of the evidence record);

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry into criminal history (written evidence records and face pages 28), investigation reports (to be bound with the same previous criminal records and copies of the summary order), and summary orders attached thereto;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Protection observation;

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