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(영문) 대구지방법원 영덕지원 2018.10.31 2018고단174

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 26, 200, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (drinking driving), a fine of three million won as a result of the same crime committed in the support of the Daejeon District Court on June 27, 2002, and a fine of three million won as a fine for the same crime at the Daegu District Court on October 12, 2006, two years of suspension of execution for six months for the same crime, two years of suspension of execution for eight months of imprisonment for the same crime from the Daegu District Court Kimcheon support on August 6, 2009, two years of suspension of execution for eight months for the same crime from the Daegu District Court on August 6, 2009, and six months of imprisonment for the same crime from the Daegu District Court Kimcheon support on July 14, 2010.

On August 15, 2018, at around 01:30, the Defendant driven a C low-water vehicle under the influence of alcohol concentration of approximately 0.143% in the section of approximately 2.6km from the front of Tak rice 1 in the Gyeongnam-gun, Chungcheongnam-gu, Chungcheongnam-do to the nearest road of the same Myeon rice 33-1 “Tro grag ging”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (specific report on the situation of the driver in charge, the driver in a suspect vehicle and distance, etc.);

1. Report on the occurrence of a traffic accident, report on the situation of a driver driving, report on the results of regulating the driving of drinking, report on the actual condition, and inquiry into the vehicle register;

1. Each photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, sex, motive, means and consequence of the crime, and the circumstances after the crime. The execution of the sentence shall be suspended on the condition that protection observation, community service order, and lecture order are faithfully observed.

An unfavorable circumstance: The defendant has a record of being punished five times due to drinking, and two times among them.