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(영문) 대구지방법원 2019.07.24 2019고단2357

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 23:20 on April 23, 2019, the Defendant sustained injury, such as salt and tension, etc. by driving the Category B rocketing car under the influence of alcohol 0.176% while under the influence of alcohol, and neglecting to operate the steering gear and brake system in the front part of the said rocketing and other car under the influence of alcohol, and neglecting to operate the steering gear and steering system in the front part of the said rocketing and other car under the influence of alcohol 0.176%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident by C and F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced from June 25, 2019) concerning criminal facts;

1. Crimes against the violation of the Act on Special Cases concerning the Handling of Traffic Accidents in Each judgment on commercial concurrence;

1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a sentence of imprisonment without prison labor shall be imposed, and as to the crime of violation of the Road Traffic Act, a sentence of imprisonment shall be imposed;

1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of each crime as indicated in the judgment of special cases concerning the Settlement of Traffic Accidents which are heavier than the punishment, a concurrent crime shall be heavy, and the punishment shall be imposed as imprisonment, and the lower limit shall be the short-term punishment determined for the crime of violating the Road Traffic Act as indicated in the judgment);

1. Article 62 (1) of the Criminal Act;

1. Probation;