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(영문) 대구지방법원 상주지원 2018.05.01 2018고단65
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 March 9, 2009, the Defendant was issued a summary order of KRW 2 million on the grounds of a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (driving in Drinking), and a summary order of KRW 3.5 million on September 24, 2010, in the support of the Daegu District Court, the Defendant was issued a summary order of KRW 3.5 million on the grounds of a violation of Road Traffic Act (driving in Drinking).

[2] On February 9, 2018, the Defendant driven B Poter cargo under the influence of alcohol content of approximately 0.116% from the 2km section to the next parking lot in the territory of the Republic of Korea, where around 19:10 on February 9, 2018, the Defendant was under the influence of alcohol content of approximately 10.16% from the 2km section to the 184 Latter’s parking lot, which is located from the 34th national highway, the 34th national highway, the Hancheon-gun-gun.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each written statement prepared in C;

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

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. Each investigation report (No. 6,23 No. 13 of the evidence list);

1. An accident scene photograph;

1. Previous convictions in judgment: Application of the provisions of Part II of the Criminal Procedure Act to inquiries, such as internal investigation reports (Evidence List No. 17), references to criminal records, investigation reports (Evidence List No. 26), and summary orders;

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant repeatedly commits drinking alcohol driving; (b) the occurrence of traffic accidents; and (c) the fact that the amount of alcohol concentration in blood in the instant case is high.

However, it is considered in favor of the fact that the defendant recognizes and reflects the crime, and that the defendant seems to have disposed of the motor vehicle in the meaning of its radius, etc.

(b) other.

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