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(영문) 대구지방법원 경주지원 2017.10.26 2017고단598
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 30, 2006, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support, on November 4, 2008, a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) from the above support on November 4, 2008, and on July 20, 2012, a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) from the above support.

[2] On July 27, 2017, the Defendant driven CM5 vehicle under the influence of alcohol with approximately 0.143% alcohol concentration at approximately 3km section from the roads in front of the Gangseo-gu Seoul Metropolitan City to the intersection in the same Eup and in the same Eup.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act, as a person who has violated the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on occurrence of a case that is suspected to violate traffic laws on roads, report on the circumstances of the driver who is to take driving, and report the results of regulating the driving of drinking;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (Attachment of the previous and the summary order/judgment attached), and application of the summary order 2/Sgd. 1 of the judgment text;

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 (a) of the Act on Reduction of Small Quantity (afford that the defendant would not drive a drinking/free license again while his/her mistake is repented in depth);

Various extenuating circumstances, such as the fact that there is no penalty exceeding fines, there is no penalty history exceeding fines, and the fact that the disabled is a disabled person)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds, etc. for mitigation of the amount of punishment);

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