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(영문) 대구지방법원 안동지원 2019.04.26 2019고단32
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 power] On June 17, 2010, the Defendant was issued a summary order of KRW 700,000 for a crime of violating the Road Traffic Act in the Daegu District Court's Ansan Branch on the same day, and on October 12, 2016, the same court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act on at least two occasions.

【Criminal Facts】

At around 05:20 on January 11, 2019, the Defendant driven D Lasta car in the state of alcohol alcohol level of about 0.117% at the 3km section from the front of the “C House” in Ansan-si B to the front of the Andong-dong in Ansan-dong, Ansan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation reports, investigation reports (report on the circumstances of drivers), and (Attachment to the register of driver's licenses for motor vehicles, after checking the results of the control of sound driving and driving);

1. Previous convictions indicated in the judgment: Application of criminal history records, reference reports (A), and investigation reports (verification of persons eligible for the formation of three-year relationship for a sound driving);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had been punished twice due to the same drinking driving.

However, the defendant shows his attitude to recognize and reflect his mistake.

The actual occurrence of a traffic accident was not occurred due to a drunk driving.

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

In addition, the defendant's age, character and conduct, environment, background of the crime, degree of blood alcohol level, and all the circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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