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(영문) 대구지방법원 안동지원 2018.08.31 2018고단322
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On April 3, 2015, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on May 27, 2015, the Defendant was punished as a crime of violating the Road Traffic Act (drinking driving) on at least two occasions by receiving a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving). However, on May 26, 2018, the Defendant was under the influence of alcohol level of 0.062% during blood alcohol level at around 01:30 on May 26, 2018, while under the influence of permanent residence at around 0.062% during blood alcohol level, and was driving approximately 33 km B freight cars from 1589 Ebpn to the front day of the Dong-dong-dong in Ansan-dong from the front day of Dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Making teas;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (limited to the previous convictions);

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he/she had been punished twice since around 2015 by a fine due to drinking alcohol driving.

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

Among the measured blood, the alcohol concentration level is relatively low, and the driving of the instant drinking did not cause a traffic accident.

The defendant has no criminal records of suspended execution or more.

In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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