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(영문) 대구지방법원 상주지원 2018.05.29 2018고단89

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On October 31, 201, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating road traffic law in the resident support of the Daegu District Court on October 31, 201, and a fine of KRW 6 million for the same crime in the same court on July 5, 2012.

[2] On March 30, 2018, under the influence of alcohol content of 0.104% in blood around 07:40, the Defendant driven a B-II cargo vehicle from the section of approximately 2 km to the front road of the old river reservoir located in the 130-day office in the Yongcheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-gun, in a state of alcohol content of around 07:40%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the occurrence of a traffic accident, a report on the circumstances of a driver driving, and a notice of the results of regulating drinking;

1. Investigation report (No. 7 No. 5 of the evidence list);

1. An accident scene photograph;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (No. 18 No. 5 of the evidence list);

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 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 suspension of execution (resumed grounds for reduction of amount);

1. The reason for sentencing Article 62-2 of the Criminal Act on the part of the defendant has a record of having been punished twice due to drinking driving.

In the case of 2012, it was formally prosecuted and was tried by the Daegu High Court to the appellate trial.

Nevertheless, the Defendant again committed a crime of drinking alcohol driving in this case.

In addition, the drinking driving value in this case is reasonable.

Furthermore, under the influence of alcohol, the Defendant caused an accident that gets a great deal of diversity.

The above is an unfavorable circumstance.

However, it shall be considered in favor of the defendant to recognize and reflect all crimes.

Other arguments and records of this case, such as the defendant's age, family relations, circumstances before and after crimes.