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(영문) 대구지방법원 서부지원 2018.07.10 2017고단2862

도로교통법위반(음주운전)

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic law (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on February 16, 2012, and on September 3, 2013, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same court on September 3, 2013 and for a violation of road traffic law (licensed driving).

Although the Defendant was punished twice as a crime of violating the Road Traffic Act (drinking) as above, the Defendant driven a D-wing truck under the influence of alcohol leveling 0.268% of alcohol leveling from around 13:00 around August 15, 2017 to the road access from the C-cafeteria parking lot located in Seongbuk-gun, Seongbuk-gun, Gyeong-gun, Gyeong-gun, G-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and on-site photographs;

1. Notification of the results of crackdown on driving under drinking, a written statement of the driver under driving under drinking, and inquiry of the results of crackdown on driving under drinking;

1. Report on internal investigation (2 vehicle owner's statement), investigation report (2 vehicle victim's currency);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (attached reporting, such as a summary order of the same type of crime);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant is strictly punished when considering the following: (a) even though the Defendant had been punished several times due to drinking alcohol driving, he/she again drives the instant drinking, and the fact that he/she has received high drinking.

However, in full view of all the circumstances such as the fact that the defendant recognized his mistake and reflects, and that there is no particular criminal history other than the previous conviction in the judgment, and that the defendant is suffering from a disease due to a liverion and a bruscence, etc., the defendant is sentenced as the disposition.