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(영문) 대구지방법원 서부지원 2017.12.15 2017고단1141
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On November 27, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court on February 4, 2008, a summary order of KRW 2 million for the same crime at the same court on February 4, 2008, a summary order of KRW 2.5 million for the same crime on May 24, 2010, and a summary order of KRW 5 million for the same crime at the Daegu District Court on March 13, 2014, respectively.

[2] In addition, Defendant 1 driven a motor vehicle with C low alcohol content of about 0.073% while under influence of alcohol at approximately 1m in a parking lot in Daegu-gu, Daegu-gu, on May 11, 2017, when he had a history of violating the prohibition of drinking driving regulations two times or more, and again, Defendant 1 driven a motor vehicle with C low alcohol level of about 0.073% in the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 stay of execution (Consideration, such as the reflection of nature, the driving section is not driving, and there is no record of being sentenced to a fine or more severe punishment);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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