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(영문) 대구지방법원 안동지원 2018.07.06 2018고단52

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

In the Daegu District Court on January 10, 2008, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving), and on August 29, 201, the Defendant was punished as a crime of violating the Road Traffic Act (drinking driving) more than twice by receiving a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court on August 29, 201. However, around 00:45 on February 1, 2018, the Defendant driven a motor vehicle of approximately KRW 8 km in the size of alcohol among blood alcohol while under the influence of alcohol of KRW 0.164% at the same time from the front of the fri-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-based I church entrance at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (limited to the previous convictions);

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. The reason for sentencing under Article 62-2 of the Criminal Act committed the same offense even though the Defendant was punished twice due to drinking alcohol driving in the past.

The amount of alcohol concentration in the measured blood is considerably high.

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

Drinking driving did not cause a traffic accident.

The defendant does not have any other criminal records than the above punishment records.

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.