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(영문) 대구지방법원 안동지원 2018.07.06 2018고단180
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] On November 1, 2012, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million at the Seoul Western District Court on August 29, 201, and a summary order of KRW 1.5 million with the same crime at the Seoul Western District Court.

[Criminal facts] On March 19, 2018, the Defendant driven B K7 vehicle under the influence of alcohol level of about 500 meters from the front road of the “in-dong department” located in the north-dong, Ansan-si, Dong-si, Dong-dong, to the intersection of the “in-land,” located in the same Si-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Reporting on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, and an investigation report on the vehicle register;

1. Previous convictions in judgment: He/she shall refer to inquiries, such as criminal history, and apply Acts and subordinate statutes to reports on investigation (A) and other criminal records of the suspect;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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, even though the defendant was sentenced twice to a fine due to drinking alcohol driving in the past, he committed the same crime, and the risk of drinking driving was realized and caused a traffic accident.

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

The above punishment history of the defendant person is relatively old, and there are no criminal records other than the above punishment history.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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