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(영문) 대구지방법원 상주지원 2017.04.25 2017고단96

도로교통법위반(음주운전)등

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

On January 29, 2008, the Defendant was sentenced to a fine of KRW 1 million due to a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon-cheon, and a fine of KRW 4 million by the same court on December 26, 2013.

On February 14, 2017, at around 23:55, the Defendant was under the influence of alcohol leveling 0.101% of 0.101% of alcohol level in the middle school located in approximately 1km from the 1km section to the roads in front of the female middle school located in the upper 222-ro 109.

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 actual condition, a report on the circumstances of the driver of the driver's license, and an inquiry into the results of crackdown on drinking driving and a report on the

1. The driver's license ledger and the driver's license ledger;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order), summary order, and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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. 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. Taking account of the circumstances such as the Defendant’s crime of drinking alcohol driving in this case’s fourth reason for sentencing Article 62-2 of the Criminal Act and the fact that the Defendant could lead to a serious accident, it is necessary to strictly punish the Defendant.

However, the fact that the defendant acknowledges and reflects the crime, the defendant's wife is leading to the defendant, and the defendant's wife desires to take into account the favorable circumstances, and other cases.