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(영문) 대구지방법원 안동지원 2018.07.06 2018고단122
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 1, 2010, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking) in the Daegu District Court’s support on August 1, 2010, and on June 20, 2013, the Defendant was sentenced to a suspended sentence of two years or more, and the Defendant was sentenced to a summary order of five million won or more due to a crime of violating the Road Traffic Act (drinking) in the same court.

On March 14, 2018, the Defendant driven (K) 5 automobiles while under the influence of alcohol leveling 0.060% from around 500 meters to the same permanent residence of the city, from around 34, 199, the 34 main apartment road located in Heung-ro, Ga, a permanent residence of the same city, to the healthna road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), text of judgment, and summary order statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has the record of being punished three times due to driving of the same drinking, and in particular, the defendant is punished as a concurrent crime with other crimes, but there is a same criminal record of suspended sentence, but there is a high possibility of criticism for the crime of this case at the same time.

However, while blood alcohol concentration is relatively low, the traffic accident was not caused due to the crime of this case.

The defendant shows his attitude to reflect his wrongs, and disposes of the vehicle and does not repeat the vehicle.

No person is punished for any crime other than traffic-related crimes.

In addition, the defendant's age, sex, environment, circumstances of crime, and circumstances after crime are considered as a whole.

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