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(영문) 대구지방법원 2017.11.30 2017고단4666

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 1, 2017, the Defendant driven a vehicle with low alcohol alcohol level of 0.241% in blood at a place where it is impossible to identify a place of 01:15 in the border border and below, and from the place where it is impossible to identify, the Defendant driven a vehicle with low alcohol level of 0.241% in blood.

2. On July 1, 2017, the Defendant, while driving under the influence of alcohol as above 01:30 on July 1, 2017 and dealing with an accident, caused a traffic accident, and caused a traffic accident, the Defendant driven a car with B, under the influence of alcohol of about 0.241% of alcohol concentration in the 1km section from the border school located in the Daegu Northern-dong located in the same region as the location where the accident occurred to the front road of the Gyeongbuk-gu University University, Daegu-gu, in the same region as the location where the accident occurred, to the road in front of the natural science university in the same region.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. The circumstantial statement report of a driver driving a drinking, inquiry into the results of crackdown on drinking driving, investigation report (verification of a suspect's second driving distance of drinking), application of one copy of the statute to NAV printed out materials;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined in full view of various sentencing conditions shown in the records and arguments of this case, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

D. Unfavorable circumstances: The defendant, while driving a motor vehicle and driving a motor vehicle again on the same day even though he/she causes a traffic accident, is driving the motor vehicle again on the same day, and is off the scene of the accident, and the nature of the crime and the circumstances are not good.

(b) Drinking;