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(영문) 대구지방법원 상주지원 2018.09.18 2018고단189
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 October 31, 2008, the Defendant was issued a summary order of KRW 300,000 as a fine for a violation of the Road Traffic Act in the resident support by the Daegu District Court, and a summary order of KRW 4 million as a fine for the same crime in the same court on January 24, 2014.

[Criminal facts] On June 22, 2018, the Defendant driven B SP car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.134% at a section of approximately 500 meters from the front of the main place of a ample, which is located in the center of the city at the time of permanent stay at around 23:45, to the livestock cooperative distance located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

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

1. Investigation report (No. 5 No. 5 of the evidence list);

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (No. 21 No. 5 of the evidence list), and summary order, to two Acts and subordinate statutes;

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. Article 62-2 of the Criminal Code provides that the defendant's drinking driving of the defendant for the reason of sentencing is three, separate records have been punished for the crime of leaving the scene after a traffic accident, and the drinking driving value in this case is reasonable, and the defendant actually caused the traffic accident in which the vehicle in front at the time of the instant case was committed, taking into account the unfavorable circumstances.

However, the fact that the defendant recognizes and reflects the crime, and that he will not drive drinking again in the future.

It shall be considered in favor of the favorable circumstances, such as the fact that it is hard to do.

The defendant's age, occupation, etc.

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