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(영문) 대구지방법원 서부지원 2018.06.19 2017고단1951

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant, on July 21, 2017, 201:15, Mali-si, Gyeongbuk-si, Gyeongbuk-do.

In addition to the Gyeongglung-gun, the 10km of the central highway located in the 10km rithm in the border, the driver was driving a C-wing and C-III cargo vehicle while under the influence of alcohol concentration of about 0.328% in blood at the 10km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes to response to the results of appraisal;

1. Relevant Article of the Act and Articles 148-2 (2) 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. Circumstances in favor of the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is against the time of committing the crime of this case; traffic accidents have not occurred due to driving of the drinking of this case; the defendant has already been punished for driving under the suspension of execution or more severe punishment: The defendant committed the crime of this case even two times, and the blood alcohol concentration reaches 0.328%, causing considerable danger to road traffic; the defendant's age, sex behavior, environment, motive, means and consequence of the crime; circumstances after the crime of this case; and family relations, etc. shall be comprehensively taken into account all the factors such as the defendant's age, sex, motive and consequence of the crime of this case;