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(영문) 대구지방법원 서부지원 2019.05.14 2018고단2724
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant of criminal records is a person who received a summary order of one million won or more as a crime of violating the Road Traffic Act at the Busan District Court on April 13, 2009, and on April 14, 2014, a fine of 4.5 million won or more as the same crime from the Busan District Court's Dong Branch Branch, and the order became final and conclusive.

2. On July 30, 2018, the Defendant driven D cargo at a distance of about 10km from the Do in front of a restaurant located in the Ganbuk-gun B, Ganbuk-gun, to the Do in the same flusium of the same military area, while under the influence of alcohol on July 30, 2018, the Defendant driven D cargo at a distance of about 10km from the Do in front of a restaurant located in Ganbuk-gun B.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report of a suspect, report on the circumstances of a drinking driver, and inquiry into the results of the regulation of drinking and driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, while having been punished twice due to drunk driving, he/she also had a record of driving under the influence of alcohol. The fact that the nature of the crime is not good, etc. is disadvantageous.

However, considering the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of punishment exceeding the fine, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.

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