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(영문) 대구지방법원 안동지원 2016.04.29 2016고단75

도로교통법위반(음주운전)

Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

[criminal history] On February 1, 201, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating road traffic law in the Daegu District Court’s support on February 1, 201, and was sentenced to a fine of KRW 3.5 million for the same crime in the same court on May 9, 2013.

[2] On February 3, 2016, Defendant 1, who had the alcohol driving force two times, driven a BFD car at the 1km section while under the influence of alcohol with approximately 0.14% alcohol level 0.14% from the blood alcohol level from the 1km to the front road, where the clothes in the 52-ro, Sin-gu, Pung-dong Ginseng, a permanent resident, located from the restaurant to the 66-ro of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written statement of the circumstances of driving under drinking, inquiry of the results of crackdown on drinking driving, and inquiry into the following matters;

1. Records of the judgment: References to inquiries, such as criminal history, investigation reports (Attachment to the same type of force), and application of the text of the judgment;

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. 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 crime of this case on the grounds of sentencing Article 62-2 of the Criminal Act was committed on the grounds of sentencing, and the actual defendant committed the central line, thereby causing collisions with other vehicles. Therefore, it seems that the risk of accidents caused by drinking driving was relatively high.

In addition, the defendant returned home immediately after the accident, and tried to conceal the crime while he was to drink after driving at the investigation agency at the early stage of the investigation.

This is an unfavorable circumstance to the defendant.

In light of the fact that the defendant, after the second interrogation of the police, leads to the confession and reflect of the crime of this case from this time to this court, and the court attitude seems to be true.

The time difference between the crime and the crime of this case is more than two years.