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(영문) 대구지방법원 안동지원 2018.07.13 2018고단116

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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

On January 28, 2010, the Defendant issued a summary order of a fine of KRW 700,000 for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court’s support on January 28, 2010, and on August 1, 2013, the Defendant issued a summary order of KRW 2 million for the same crime to a fine of KRW 2 million in the same court, and was punished for drinking driving on at least

On February 28, 2018, the Defendant, as a permanent resident on permanent residence around 21:44, driven a cub car in C while under the influence of alcohol concentration of about 0.139% during blood in the 2km section from the front of Samsung Bio-resources to the front of the long distance in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Reporting on the occurrence of a traffic accident, reporting on each traffic accident, and taking an accident scene photograph;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 by a fine due to drinking alcohol driving.

The risk of drinking driving was realized and caused a traffic accident.

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

No defendant shall be punished with heavier punishment than a fine.

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.