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(영문) 대구지방법원 김천지원 2019.08.13 2019고단601

도로교통법위반(음주운전)

Text

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

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

On September 6, 2007, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine for the same crime in the same support on March 6, 2009, respectively.

Although the Defendant violated the prohibition regulations on drinking driving more than twice as above, the Defendant driven an Efol vehicle under the influence of alcohol at approximately 0.1% and less than 0.2% in the section of approximately 200 meters from the 200 meters away from the day near the camping practice site located in the Gu, Si, Si, Gu, Si to the front road in C, at around 10:40 on May 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. Reports on the occurrence of a traffic accident, field photographs, reports on the control of drinking driving, results of the crackdown, actual condition survey report, and on-site photographs;

1. Investigative report (in respect of the blood alcohol concentration of a suspect, the application of the Badmark formula and his indictment opinion);

1. Previous convictions in judgment: Criminal records, repeated statements, investigation reports, and application of each summary order statute;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures or community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to one year and six months;

2. Application of the sentencing guidelines: The sentencing guidelines are not set. 3. The fact that the defendant, who was sentenced on March 2, 200, once again drives under the influence of several punishments due to drunk driving, the blood alcohol concentration level at the time of committing the crime was not lowered, and that he was unable to obtain again without being among persons immediately after committing the crime.