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(영문) 대구지방법원 2018.11.08 2018고단3938
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 January 2, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court, and on September 8, 2015, a summary order of KRW 4 million for the same crime from the Seo branch branch of the Daegu District Court, which was punished for drinking alcohol more than twice.

On July 28, 2018, at around 21:40, the Defendant driven a B-house under the influence of alcohol content of about 0.094% during blood, at a section of approximately 200 meters to the front of the creative apartment located in the same Dong as the C-Chodong in Busan Metropolitan City.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The recognition and reflect of the crime, and the re-driving of drinking again, that there has been three times of punishment for a crime of violating the Road Traffic Act (drinking);

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