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(영문) 대구지방법원 안동지원 2018.08.24 2018고단242

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On February 18, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law in the support of the Daegu District Court, and on January 12, 2012, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic law in the support of the Daegu District Court.

[ 범죄사실] 피고인은 2018. 4. 20. 22:15 경 경북 봉화군 봉화읍 내성리 394-18 봉화 신시장 뻥튀기 가게 앞 도로부터 같은 군 해저리 센트 레 빌 옆 공터까지 약 1km 구간에서 자동차 운전면허 없이 혈 중 알코올 농도 0.160% 의 술에 취한 상태로 C 뉴 아반 떼 XD 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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. The driver's license ledger and the driver's license ledger;

1. Reporting of a traffic accident, on-site photographs of the accident, and investigation reports (fences to CCTV images for crime prevention);

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

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant has been punished once a suspended sentence due to drinking or driving without a license in the past and has been punished once a fine, and a majority of criminal records due to this type of crime are criminal records.

It seems that the amount of alcohol concentration among the measured blood is considerably high, and the driver's license has been cancelled in 2010, and the driver's license has been repeated.

However, the defendant's mistake is recognized.