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(영문) 대구지방법원 의성지원 2018.12.13 2018고단202

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 4, 2013, the Defendant was sentenced to imprisonment for eight months or two years of suspension of execution for a crime of violating the Road Traffic Act in the Daegu District Court's support on April 4, 2013, and was sentenced to imprisonment for a violation of the Road Traffic Act by the same court on November 14, 2014.

Although the Defendant was punished twice or more due to drinking, on November 8, 2018, at around 10:00, the Defendant driven a D-to-purd car with approximately 4495 percent alcohol level in the section of about 1km from around 1km to the roads in front of the Cheongyang-gun, Chungcheongnam-gun, Cheongyang LPG station, and 0.152 percent alcohol level in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by the defendant and persons involved in each traffic accident;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the scene of the accident, report on the inspection, report on the investigation (report on the situation of the driver in charge of driving), and report on the results of regulating the driving of alcohol;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentencing factors indicated in the arguments of the instant case, including the Defendant’s age, environment, sex, motive for committing a crime, means and consequence of a crime, etc., shall be determined by comprehensively taking account of the following circumstances, and the sentencing factors indicated in the arguments of the instant case.

Unfavorable circumstances: The defendant has been punished five times (one-time imprisonment, two-time suspension of execution, and two-time fines) due to drinking, and the degree of alcohol concentration in blood is considerably high.

The favorable circumstances: The defendant recognized his mistake and divided, scrapped the vehicle of the defendant's driving, and does not have good health conditions due to the urology, disorder in the urology, etc. (Grade 6), and supports the wife with intellectual disabilities and their children.