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(영문) 대구지방법원 서부지원 2018.05.25 2017고단2181
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2006, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving), and on June 25, 2012, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (drinking refusal to measure drinking), and on May 19, 2014, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (drinking alcohol) from the Western Branch Branch of the Daegu District Court on May 19, 2014.

Although the Defendant was punished as a crime of violating the Road Traffic Act (drinking) more than twice as above, on August 24, 2017, the Defendant driven a vehicle B, under the influence of alcohol leveling of about 0.064% from the 100-meter section of blood alcohol leveling from the road front of the Sejong-gu, Seo-gu, Seo-gu, Seo-gu to the 307 Gapo-si in the same Gu and the Gapo-si, the upper half of which was located in the 307-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of alcohol, a report on the situation of the driver who takes the driving, and an inquiry into the following:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant, even though having been punished several times due to driving under drinking, has again been driving under the influence of drinking, there is a need for strict punishment.

However, in consideration of all the circumstances, such as the fact that the defendant's mistake and reflects, the defendant has no penalty heavier than that imposed, and the criminal records are sentenced as ordered.

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