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(영문) 대구지방법원 안동지원 2019.03.08 2018고단692

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 November 10, 2018, at around 18:30, the Defendant driven B Poter truck under the influence of alcohol leveling 0.247% from the section of about 18km of blood alcohol leveling from the front of the field of sand, which is located in the Yandong-si, Andong-si, the Yandong-si, the Gandong-si, and from the front of the Yan-si, the Gan-si, the Gan-si, the Gan

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigative reports (such as the register of driver's licenses);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 two times the punishment of fines for the same kind of drinking driving.

The defendant's blood alcohol concentration is very high.

However, the defendant shows his attitude to recognize and reflect his mistake.

Multi-driving of the instant case did not cause a traffic accident.

There is no criminal offense against the defendant over probation.

In addition, all the circumstances revealed in the trial process, including the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the punishment is determined as ordered.