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(영문) 대구지방법원 2017.09.14 2017고단3974
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2009, the Defendant was sentenced to a fine of one million won due to a violation of road traffic law (drinking driving) in the port branch of the Daegu District Court on June 15, 2009, and two million won due to the same crime in the same court on July 15, 201, and was punished for driving under drinking two times or more.

On June 20, 2017, the Defendant driven a coo vehicle in B at a section of approximately 200 meters in front of the street from the same time in the mouth of the Rose of Sharon apartment house located in Yongcheon-si, 0.16% of alcohol alcohol level among blood transfusion around 04:00, the Defendant driven a coo vehicle in B at a section of about 200 meters in front of the street.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment (in the case of the accused, the same criminal records as the judgment of the court) shall have the same criminal records as the judgment of the court;

The degree of alcohol content is more than 0.1% among the bloods at the time of driving of the instant case, and the level of alcohol is more severe.

In light of the composition requirements, the following measures were not taken after the accident under the Road Traffic Act. However, the Defendant had a risk of causing danger and injury to traffic at the time of the instant case, such as collision of vehicles in alcohol while driving, the occurrence of a secondary collision with the outer wall of the building, and leaving the site after the vehicle was pushed down.

There are no circumstances to be considered in the motive.

1. Articles 53 and 55(1)3 of the Criminal Act (the vehicle driven by the defendant was covered by the comprehensive motor vehicle insurance);

The distance of the Defendant’s driving was relatively short, and the entire crime of this case was led to the confession of all the crimes of this case, the truth of his mistake is seriously reflected, and the future will not repeat again).

1. Article 62(1) of the Criminal Act (the above mitigation)

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