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(영문) 대구지방법원 상주지원 2019.02.12 2018고단292
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 power] On October 17, 2008, the Defendant received a summary order of KRW 700,000 from the Cheongju District Court to a fine of KRW 700,000 for the crime of violation of the Road Traffic Act, and on November 2, 2015, a summary order of KRW 3 million for the same crime was issued from the stay support of the Daegu District Court.

【Criminal Facts】

On September 4, 2018, at around 20:55, the Defendant driven D truck under the influence of alcohol content of about 0.131% from a 300-meter section of alcohol alcohol from the front of the Kannam-Myeon Office, which is in the peace of the Republic of Korea, to the front road of the Chian Association in B, in the event of permanent stay.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statement of a drinking driver, report on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (No. 11 No. 5 of the evidence list), and application of two copies of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 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 ( repeatedly considering the grounds for discretionary mitigation);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant, who had been punished twice due to drinking driving, has again left for drinking driving, and the fact that the blood alcohol concentration level in this case is considerably high, etc. are considered disadvantageously.

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

The sentence shall be determined as per the disposition, comprehensively taking into account the above points as well as the age of the defendant and other conditions of sentencing specified in the arguments and records of the case.

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