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(영문) 대구지방법원 상주지원 2018.08.28 2018고단171
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 May 2, 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 May 2, 201, and a summary order of KRW 2 million for the same crime in the same court on October 10, 201.

[2] On March 18, 2018, under the influence of alcohol content of 0.139% in blood around 23:35, the Defendant driven a B B mountain-pet car from the section of approximately 500 meters in the direction of the 500-meter away from the front of the Nancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-gun, Gancheon-do, 1351, the upper end of the 1351, Gancheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

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

1. Each investigation report (Nos. 4, 5, 17, 20, 30 of the evidence list);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (No. 10 No. 5 of the evidence list);

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 rationale for sentencing under Article 62-2 of the Criminal Act, such as protection and observation, community service order, and order to attend a lecture, the fact that the defendant repeatedly commits a drinking alcohol driving, the fact that the blood alcohol concentration level in this case is considerably high, the defendant actually caused a traffic accident, and the fact that the defendant was under control of the police under the circumstances where he did not properly overbold himself, and the defendant was sentenced to a punishment of two years of suspended sentence for a term of imprisonment for a crime of 2014, even though he was sentenced to a punishment of two years of suspended sentence for a crime of e-mail, and that he again commits a crime.

However, it is favorable for the defendant to recognize and reflect the crime.

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