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(영문) 대구지방법원 안동지원 2019.03.22 2018고단765
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On February 1, 201, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act in the Daegu District Court's support on February 1, 201, and on January 25, 2013, the same court was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act, and was sentenced to a fine of 6 months for a violation of the Road Traffic Act on at least two occasions under Article 44(1) of the Road Traffic Act.

【Criminal Facts】

On November 25, 2018, at around 14:54, the Defendant driven a B-wing truck with the blood alcohol concentration of about 0.070% in a section of approximately 1.5km from the day before the restaurant located in Ansan-si and the B-wing-si, the G-si, the G-si, the G-si, the G-dong, the G-si, the G-dong, the G-si, the G-dong, the G-si, the G-dong, the G-si, the G-

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records: Application of criminal records, reply reports, investigation reports, and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant has been punished five times due to drunk driving, and in particular, even though the Defendant was punished for a sentence in 2013, there is a high possibility of criticism for the instant crime.

However, the defendant acknowledges his mistake and does not repeat the vehicle while disposing of the vehicle.

The driver did not cause a traffic accident due to drinking driving.

The defendant's blood alcohol concentration is relatively low.

In addition, in full view of the various circumstances revealed in the trial process, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the defendant is given more opportunities than sentence.

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