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(영문) 대구지방법원 서부지원 2018.10.31 2018고단766
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

【The Defendant received a summary order of KRW 1 million on September 3, 2009 as a crime of violating the Road Traffic Act (drinking driving) from the Seo-gu District Court Branch of the Daegu District Court. On June 18, 201, the Daegu District Court received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving). On March 22, 2013, the Defendant received a summary order of KRW 6 million due to a violation of the Road Traffic Act (drinking driving) from the Seo-gu District Court Branch of the Daegu District Court on March 22, 2013.

(1) On February 12, 2018, the Defendant: (a) driven B Poter II while under the influence of alcohol leveling of about 0.103% from the 7km section to the front road of the “Yandong Bndong Tool” located in the steering tower in the front of the “Yandong Police Station,” which was located in Anndong-si, Anndong-si, Anndong-si, Anndong-si, Anndong-si, Anndong-si, Anndong-si, anndong-si, annbdo-si, annb-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of reports on detection of any violation of traffic laws on roads, reports on the circumstances of the drivers of such driving, reports on investigation (report on the circumstances of the drivers of such driving), and restrictions on the driving of drinking;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had had had the record of criminal punishment for the same kind of crime over several times, the crime of this case was committed, drinking level is high, and the defendant is against the defendant at the time of committing the crime of this case, there is no record of crime exceeding the fine, and other circumstances shown in the argument of this case are considered.

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