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(영문) 대구지방법원 상주지원 2017.10.24 2017고단384
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 September 26, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the resident support of the Daegu District Court on September 26, 201, and a summary order of KRW 2 million for the same crime in the same court on May 16, 201.

[Criminal facts] On July 27, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.183% from the 3km section to the 7-do complex in the same number of 4-lane 55 at the time of resident stay at approximately 3km, “Sasta car” located in 360 U.S., 360, U.S. at the time of resident stay at around 21:05.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Report on the occurrence of a traffic accident, investigation report on actual condition, and inquiry into the results of regulating drinking driving;

1. Written statements and estimates;

1. Application of statutes on site photographs;

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 third driver's license of the defendant for the reason of sentencing Article 62-2 of the Criminal Act, the fact that the defendant's drinking is the third driver's license, the high drinking driving level, the occurrence of contact in the course of drinking, and the driver's license immediately after the accident;

Considering the unfavorable circumstances such as the fact that the defendant had committed a crime until the end of the false statement, the fact that the defendant recognized and led to a confession is considered as favorable circumstances, and the sentencing conditions shown in the arguments and records of the case shall be comprehensively determined as ordered.

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