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(영문) 대구지방법원 안동지원 2018.08.31 2018고단285

도로교통법위반(음주운전)등

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

[criminal history] On February 1, 2011, the Defendant was issued a summary order of KRW 1,00,000 for a fine of KRW 1,000 for a crime of violation of road traffic law in the support of the Daegu District Court of the Republic of Korea, and on March 24, 2011, the same court issued a summary order of KRW 1,50,000 for a fine for a crime of violation of road traffic law.

[2] On March 15, 2018, the Defendant driven BVL125 Z while under the influence of alcohol leveling 0.141% without a motor device bicycle driver’s license in a section of approximately 800 meters from the front of the steel company of the Union Steel Co., Ltd. to the 357-1 front of the Dong-si, Ansan-si, Ana-si, Ana-si, Ana-si, Ana-si, Ana-si, Ana-si, Ana-si, Ana-si, Ana-si, an Ana-si,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (Attachment to the ledger, etc. of driver's licenses), investigation report (Attachment to a medical certificate);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of driving force on a suspect);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), subparagraph 2 of Article 154 and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished two times due to drinking or unlicensed driving in the past, but also committed the instant crime, and the risk of driving drinking was realized and caused traffic accidents by realizing the risk of driving drinking.

However, the defendant recognizes his mistake and is against his will.

The defendant is not subject to a suspended sentence or heavier punishment for the same crime, and the above traffic accident is significantly serious.