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(영문) 대구지방법원 서부지원 2018.07.24 2017고단1655
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 25, 2007, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act, and was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court on November 14, 2007, and was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Changwon District Court on May 8, 2013.

On July 6, 2017, the Defendant driven BM5 vehicle under the influence of alcohol leveling 0.145% from the front of the Seo-gu Seo-gu Incheon Metropolitan Scattering apartment, Seo-gu, Seo-gu, to the front day of the 206-ro, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Therefore, even though the Defendant violated the prohibition of drinking driving regulations at least twice, the Defendant again driven a car while under influence of alcohol.

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 a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of previous convictions and 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. In full view of all the circumstances, including the fact that the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act recognizes and reflects his/her mistake, and the receipt of drinking alcohol, the circumstances leading to the crime, and the record of the crime, the sentence is ordered

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