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(영문) 대구지방법원 안동지원 2018.11.20 2018고단510
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

① On November 26, 2009, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic laws, etc. in the Daegu District Court’s support on November 26, 2009, and (2) on April 29, 2015, the same court received a summary order of KRW 5 million due to a violation of road traffic laws.

Nevertheless, on August 16, 2018, the Defendant driven a car with approximately 1 km C Am in front of the Dong-dong gas station located in Andong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking, report on the circumstances of the driver who takes driving, and report on actual condition;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation was that the defendant was punished for driving under drinking more than one time, but again re-offendered, and the nature of the crime is not good because the drinking level at the time of crackdown is very high

However, it is decided as per Disposition by taking into account the following factors: the defendant's mistake is recognized, is in depth, and the vehicle is scrapped in the future, and the age, sex, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime is committed.

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