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(영문) 대구지방법원 김천지원 2019.01.30 2018고단1202

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

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of six months at the Daegu District Court on January 26, 2007 for the crimes of violation of the Road Traffic Act, etc., and was sentenced to a suspended sentence of six months for the same crimes in the Daegu District Court Kimcheon on February 5, 2009.

Despite the fact that the Defendant had been punished twice or more due to drinking driving, the Defendant driven a motor vehicle in the direction of about 7 km from the front side of the Gumi-si B around November 2, 2018 to the front side of the D apartment at the same time, under the influence of alcohol level of about 0.119% from the section of about 7 km from the road in the Gumi-si B around November 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of the same kind of force)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Act does not include the same criminal records and the degree of blood alcohol concentration is high.

However, since 2008, about about 10 years after the occurrence of this case, the punishment was imposed in consideration of the following: (a) the degree of about 10 years left without any previous conviction; (b) the number of accidents occurred; (c) the number of vehicles after this case was sold after this case, and (d) the number of companies are coming to and going to the workplace with their care; (d) the registration certificate and the lease