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(영문) 대구지방법원 영덕지원 2018.05.02 2017고단247
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 8, 2013, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act (drinking driving) from the Seoggu District Court Branch branch on April 8, 2013, and a summary order of KRW 4 million as a fine for the same crime in the same court on September 25, 2013.

On September 15, 2017, the Defendant driven CtRa XG passenger cars with approximately 0.090 percent of alcohol content from the 1km section from the front of a sexual restaurant located in the horizontal nautical miles of Pyeongtaek-gun, Pyeongtaek-do, Pyeongtaek-do, Pyeongtaek-do to the front of the direct mountain distance located in the same Eup/Myeon in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving under drinking, report on the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and inquiry into the following:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of all the sentencing factors indicated in the pleadings of the instant case, including the Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, and the execution of the sentence shall be suspended.

Unfavorable circumstances: The defendant's act of fine twice due to drinking driving, etc., and the fact that the defendant again led to the crime of this case despite the fact that he had been under suspension of the execution once again: The defendant recognized all the crime of this case, divided his mistake and reflected his behavior, the defendant transferred his vehicle owned by the defendant while he did not repeat his crime, and the defendant seems to be difficult to drive his vehicle in the future due to aggravation of health condition.

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