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(영문) 대구지방법원 경주지원 2019.07.11 2019고단208

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 6, 201, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act in Daegu District Court and its branch court on March 13, 201, a summary order of KRW 3 million for the same crime from March 13, 2015 to the same support, and a summary order of KRW 6 million for the same crime from the branch court of the Daegu District Court on October 15, 2015 to the branch court of the Daegu District Court and its branch court on March 30, 201, and completed the execution of the sentence by the prison on April 13, 2017.

【Criminal Facts】

On April 9, 2019, around 00:23, the Defendant driven an E-car under the influence of alcohol with approximately 0.084% of alcohol level in approximately 2km section from the south-gu B before the port of port to the front of D located in the same Gu C.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (Confirmation of the same kind of power);

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019); the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, even though he/she had a record of being punished for drunk driving, he/she is also under the influence of drinking and the responsibility for the crime is heavy.

In addition, the crime of this case has not been committed during the period of repeated crime.

However, the defendant recognized the crime of this case and reflects the depth thereof.

The blood alcohol concentration in the instant case is not very high.

In support of old-parents, her wife, and her children, two children are supported.

The defendant suffers from adult diseases such as high blood pressure and urology.

(b) other.