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(영문) 대구지방법원 서부지원 2018.09.12 2018고단185
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

[Power of crime] On September 21, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) from the Seo-gu District Court Branch of the Daegu District Court on September 21, 2007 and received a summary order of KRW 1.5 million for the same crime from the Daegu District Court on October 22, 2008.

[Criminal facts] On January 8, 2018, the Defendant driven D Kabp car at a section equivalent to about 3 meters on the front side of the Daegu-gu Gameland while under the influence of alcohol level of 0.148% among blood transfusion around 02:20 on January 8, 2018.

As a result, the Defendant had been punished more than twice as a crime of violating the Road Traffic Act, but once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of circumstantial statements, etc. and the results of regulating drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

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. 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture of this case is that the defendant committed the crime of this case even though he had already had the history of the same kind of crime, drinking level high, and the fact that the defendant is against himself while recognizing the crime of this case, there is no record of crime exceeding the fine, and other circumstances shown in the argument of this case.

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