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(영문) 대구지방법원 영덕지원 2018.08.29 2018고단140
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 30, 2018, around 23:50, the Defendant driven a C Kinca while under the influence of alcohol content of about 0.208% in the 5km section from a place where it is impossible to find out the detailed address of the area (hereinafter referred to as the “Seoul-gun”). From a place where it is difficult to find out, the Defendant driven a C Kinca in the state of under the influence of alcohol content of about 0.208%.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving under drinking, report on the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, report on alcohol during blood, report on the detection of the driver under driving under drinking, and application of Acts and subordinate statutes of the next time;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, a punishment as ordered shall be determined by taking into account the following circumstances and all of the sentencing factors indicated in the pleadings of the instant case, including the Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., and the execution of the order shall be suspended on condition that the order to attend is faithfully

Unfavorable circumstances: The defendant has a record of being fined once due to drinking, and the degree of driving at the time of driving is high: Consideration, such as the fact that the defendant has recognized all of the crimes in this case, and his mistake is divided and reflected.

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