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(영문) 대구지방법원 안동지원 2018.07.06 2018고단162
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On October 7, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court’s support on October 7, 2013; and on January 28, 2015, the Defendant issued a summary order of KRW 2 million for the same crime in the same court; and on the other hand, the Defendant was punished on two or more occasions by drinking driving.

On March 29, 2018, the Defendant driven Bsch Rexn vehicle under the influence of alcohol content of approximately 0.105% from around 500 meters in a section of about 500 meters, from the front of the permanent residence station located in 64 to the south west in the same city, at the expense of permanent residence of around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver driving a drinking, making an inquiry of the results of crackdown on drinking driving, and making an inquiry into the following matters;

1. Previous convictions in judgment: The provision of a written reply to inquiry, such as criminal history (A) and the application of Part II of summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Since around 2013, the Defendant committed the same offense, even though he was sentenced two times to a fine due to drinking driving since around 2013, the Defendant committed the same offense.

However, the defendant recognizes his mistake and is against his will.

Drinking driving did not cause a traffic accident.

No defendant shall be punished with heavier punishment than a fine.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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