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(영문) 대구지방법원 2018.04.19 2017고단5633
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 6, 2017, Defendant 2017, Defendant 5633 driven a C-wing and 3 truck under the influence of alcohol with approximately 0.062% alcohol level from the 5km section of approximately 5km to the front road of the C-wing and 3 truck under the influence of alcohol leveling from around 505 meters to the 5km through the Cheongcheon-si, Youngcheon-si, Cheongcheon-si.

2. On July 25, 2017, Defendant 2017, while under the influence of alcohol, Defendant 5663 driven approximately KRW 1 Kmpon and 3 mponed the C-Won and 1 Kmpon to the road front of the Gyeongdong Industrial Complex, which is located in the village of Gyeongsan-si, Sinsan-si, Gan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si, and Sinsan-si, Sinsan-si, Sinsan-si.

Summary of Evidence

[2017 Highest 5633]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver involved in driving;

1. An investigation report (main driver's report) (2017 high-ranking 5663);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions and Articles 148-2(2)3 and 44(1) (in the case of paragraph (1) of the same Article), Articles 148-2(2)1 and 44(1) of the Road Traffic Act (in the case of paragraph (2) of the same Article) concerning criminal facts, the choice of imprisonment with prison labor for each case;

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. The sentence like the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, and circumstances before and after the crime.

- The recognition and reflection of the crimes committed and committed against each of the crimes of this case during the suspension of execution due to fraud, so that there is a history of punishment for a fine once due to the violation of the Road Traffic Act (driving).

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