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(영문) 대구지방법원 영덕지원 2017.11.29 2017고단260
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on May 20, 2009, received a summary order of a fine of one million won or more for a crime of violating road traffic laws, and on August 10, 2015, received a summary order of a fine of one million won or more for the same crime from the Daegu District Court on August 10, 2015, and received a summary order of a fine of one million won or more for the same offense.

On September 25, 2017, at around 16:00, the Defendant driven BM5 vehicles under the influence of alcohol content of about 0.225% from the 5km section from the front road of the village hall located in 2,000, 16:0,000 to the 8291, Dong-dong, Young-gu, Young-gu, 200.

Summary of Evidence

A previous conviction in the Defendant’s legal statement traffic report, notification of the results of driving under the influence of alcohol, inquiry into the situation of the driver under the influence of alcohol, the driver’s report of the driver under the influence of alcohol, the driver’s license register, and the driver’s report of the next investigation (the driver’s report of the second investigation): a response to inquiry, such as criminal history, etc., (A) a reply to inquiry about the criminal facts covered by the Act and subordinate statutes (the confirmation of previous history), the pertinent Act concerning the criminal facts covered by the Act and Articles 148-2(1)1, 44(1)3 and 62(1)3 of the Act on the Suspension of Execution of Sentence of Article 53 and 55(1)3 of the Criminal Act on the Reduction of Minimum Quantity of Punishment (the Selection of Imprisonment), and all of the following circumstances and conditions of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, motive and consequence of the crime, and the order after the crime.

D. Unfavorable circumstances: Although there was a history of fine twice due to driving of alcohol, the driving of the vehicle has been done within a relatively short period, and the level of driving at the time of driving is high: The defendant is recognized to commit the crime and is against the law.

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