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(영문) 대구지방법원 상주지원 2018.11.13 2018고단223
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 September 30, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the resident support of the Daegu District Court, and a summary order of KRW 1.5 million for the same crime in the same court on February 1, 2016.

[Criminal facts] On August 6, 2018, the Defendant driven B Poter cargo under the influence of alcohol content of approximately 0.222% from the 50-meter section to the front road of the luxian cafeteria located in the luxian Corresponding in the luxic lux in the same luxic luxic luxic lux, at the time of permanent stay at around 16:00 to the front road.

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 report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking;

1. Investigation report (No. 6 No. 5 of the evidence list);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List No. 15), and summary order of 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's driving of drinking is the third, and the driving level of drinking is high, etc. is considered disadvantageously.

However, it shall be considered in favor of the defendant that the defendant recognizes and reflects the crime.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the defendant's age and family relations, shall be determined as per the disposition.

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