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(영문) 대구지방법원 안동지원 2017.11.10 2017고단577
도로교통법위반(음주운전)
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1. The punishment of the accused shall be one year;

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

Reasons

Punishment of the crime

On May 2, 2017, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.365% from the 1km section to the front side of the creative farm located in about 527-2 of the same Myeon principle, from the 20:50-dong-dong-dong-dong-si, at around 20:0, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.365%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, a survey report on the actual condition of a driver under driving, notification on the results of regulating the driving of alcohol, the collection of blood from a drinking driver, requests for appraisal, and the application of statutes governing response materials;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and attending lectures and community service order is likely to be subject to criticism in light of the risk, etc.

Even though the Defendant had been punished three times for drinking driving crimes in the past, the Defendant committed the instant crime.

This is an unfavorable circumstance to the defendant.

The Defendant led to confession and reflect on the crime of this case.

There is no record of criminal punishment against the defendant for about 12 years.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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