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(영문) 대구지방법원 2019.01.30 2018고단5875
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment with prison labor for up to 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

On November 19, 2018, the Defendant is a person who is engaged in driving a vehicle B, and when driving the said vehicle under the influence of alcohol level of 0.135% at around 21:40 on November 19, 2018, and driving the said vehicle into a trine-distance outflow from the front side of the yellow-gu Seoul Metropolitan City, Daegu Metropolitan City along the intersection, the Defendant was negligent in failing to exercise the duty of care to drive the vehicle thoroughly and safely at the front left, and caused the Defendant’s injury, such as light d (ma, 26 years old) driving, the front right-hand part of the victim’s E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C-W-W-W-W-C-W-W-W-W-W-W-C-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Selection of penalty, imprisonment without prison labor and imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

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

1. The punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the degree of violation of the defendant's duty of care for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the defendant's blood alcohol concentration is high; (c) the defendant's blood alcohol content is reflected; (d) the defendant has agreed with the victim; (e) the defendant has no criminal record exceeding the fine; and (e) the defendant's age, character and conduct

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