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(영문) 대구지방법원 서부지원 2019.06.18 2019고단1129
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On February 24, 2015, the Defendant was sentenced to a summary order of KRW 7 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on the following grounds: on September 24, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violation of the Road Traffic Act; on September 24, 2015, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act.

1. On February 27, 2019, the Defendant, while drunkd around 0.133% of blood alcohol concentration on February 27, 2019, driven Epoter cargo from the front of a restaurant in the trade name in Gyeong-gun B located in Gyeong-gun, Chungcheongnam-gun, and up to a road in front of the L/C in Gyeong-gun, Gyeongbuk-gun, the Defendant driven an Epoter truck at a approximately 6km section.

2. On March 2, 2019, the Defendant, while under the influence of alcohol on March 16:30, 2019, driven the E-Poter vehicle from the Defendant’s residence located in the Gyeong-gun F of the Gyeongbuk-gun to the Gamri 149-2 Gam of the wall of the Gamri-gun of the Gyeongbuk-gun of the Gyeongbuk-gun, the Defendant driven the E-Poter vehicle from around 6km to the Gamri.

Accordingly, even though the Defendant violated the prohibition of drunk driving regulations at least twice, the Defendant was driving a motor vehicle under the influence of alcohol at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the measurement of drinking conducted on February 27, 2019 and results of the measurement of drinking conducted on March 2, 2019;

1. Statement statement on the status of each host driver;

1. The actual condition survey report and field photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of suspect rulings - Application of Acts and subordinate statutes related to the same kind of power);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognizes the defendant's mistake and reflects his/her health, the fact that health is not good (e.g., alcohol use disorder, the symptoms of bipolartic disorder), the fact that economic situation is difficult (such as recipients of basic living), and the incidental of the defendant is against the defendant.

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