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(영문) 대구지방법원 안동지원 2020.02.05 2019고단825

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] In the Daegu District Court on July 17, 2008, the defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act in the support of the Daegu District Court on July 17, 200, and there was a total of two criminal penalties.

【Criminal Facts】

On November 11, 2019, at around 20:00, the Defendant driven a Epoter Ⅱ in the state of alcohol alcohol concentration of about 0.047% from the 6km section from the roads in front of the Defendant’s residence in the Haban-gun B to the front roads in the same military C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A) and the application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's occupation, age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and other favorable circumstances such as the defendant's occupation, age, character and behavior, environment, motive and consequence of the crime, and circumstances after the crime, such as the fact that the defendant had already been punished twice due to drinking driving, and the occurrence of contact accidents during drinking driving, and the blood alcohol concentration at the time of drinking driving was relatively low. There was no previous charge exceeding the fine, there was no previous charge, and the defendant's wife wanted to take the defendant's wife against the defendant, and the defendant shows attitude against the mistake.