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(영문) 대구지방법원 서부지원 2018.09.19 2018고단712
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

On October 26, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on March 26, 201, and was sentenced to a summary order of KRW 1.5 million for the same crime on May 2, 2017, and was sentenced to a summary order of KRW 1.5 million for the same crime on May 2, 201.

On February 13, 2018, the Defendant driven a Grand-ro car with alcohol content of about 0.077% in blood while under the influence of alcohol from about 1k to about 243-3, from the roads near the Hansung-dong in Daegu-gu, Seogu, Daegu-gu to the 1stm section of the same merchants.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (Attachment to the previous one and a copy of the summary order), and text of judgment;

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. 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already been punished for drinking driving twice, and the defendant committed the crime of this case at the same time, the drinking level is not low, and the defendant is against the time of the crime of this case, and there are no other criminal records except the previous conviction in the judgment, and the defendant's age, sex, conduct, environment, motive, background, means and consequence of the crime, and all other circumstances constituting the conditions for sentencing specified in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the order.

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