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(영문) 대구지방법원 상주지원 2017.11.14 2017고단411
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

1. On July 23, 2017, around 12:13, the Defendant driven a coo car in the state of alcohol alcohol concentration of about 0.263% in the section of approximately 300 meters from the C C C C C C’s alcohol concentration to the front of the agricultural cancer point at approximately 62 in the West C C C, located in the same 300-distance C C C C C C C, in the direction of alcohol content.

2. On July 24, 2017, at around 02:50, the Defendant driven a coo car in C while under the influence of alcohol content of about 0.168% of alcohol content at approximately 20km from the front of the volcanic Ri in the amb in the ambi-si, Sin-si to the entrance of the ambane located in the northwest of the Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each report on internal investigation (Nos. 3, 4, and 9 in the evidence list);

1. Reporting on detection of suspected victims of violation of traffic laws on each road, reporting on the circumstances of each driver under driving, notification of the results of regulating driving of drinking, and inquiry into the results of regulating driving of drinking, and application of Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (2) 1, 44 (1) (in the judgment of the court below, the point of driving under the influence of alcohol, the choice of imprisonment), Articles 148-2 (2) 2 and 44 (1) (in the judgment of the court below, the point of driving under the influence of alcohol and the choice of imprisonment) of the Road Traffic Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., the fact that a defendant is recognized to commit a crime and is against the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reason for sentencing under Article 62-2 of the Criminal Act, which has already been committed by the Defendant for the purpose of observing the protection and attending lectures, even though the record of driving alcohol was one time, the Defendant committed the crime of drinking alcohol consecutively as indicated in the judgment.

At the time of regulating drinking driving, considering the behavior of the defendant, the circumstances and distance of drinking driving, etc., the defendant seems to have been in a very unstable mental state.

In addition, if the defendant has received medical treatment for mental problems after the death of the defendant, the mental problem of the defendant.

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