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(영문) 대구지방법원 안동지원 2018.11.09 2018고단437

도로교통법위반(음주운전)

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 May 23, 201, the Defendant was issued a summary order of a fine of two million won for a crime of violating road traffic laws at the Seoul Northern District Court on May 23, 201, and on September 9, 2016, the Defendant was sentenced to a suspended sentence of two or more times due to a violation of road traffic laws in the Daegu District Court’s support on September 201, and was sentenced to a suspended sentence of two or more times due to a violation of road traffic laws.

[Criminal facts] On May 11, 2018, the Defendant driven C Span-type car under the influence of alcohol content of about 0.086% at the 1km section from the street in front of a mutually influorous restaurant to the influoral bridge located in Andong-si, Andong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Second-time protocol concerning D concerning suspect examination of the police;

1. Statement made by the police for E;

1. Notification of the results of crackdown on the driving of drinking, inquiry of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and inquiry into the following:

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquire about a reply to inquiry, such as criminal history (A), summary order, sentence, text of judgment, and summary information of integrated case search;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished once by a fine due to the same drinking driving and once a suspended sentence, and in particular, there is a high possibility of criticism in that the Defendant committed the instant crime during the suspended sentence.

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

The Defendant’s blood alcohol concentration level is relatively high, but the instant crime did not cause a traffic accident.

In addition, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, circumstances of the crime, criminal records, and the circumstances after the crime.