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(영문) 대구지방법원 상주지원 2019.02.12 2018고단321
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On March 13, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and on November 17, 2010, the Defendant was sentenced to a suspended sentence of KRW 2 years for the same crime in the same court, and a suspended sentence of KRW 2 years for the same crime in November 18, 2015, and a suspended sentence of KRW 2 years for the same crime in the same court.

【Criminal Facts】

On September 30, 2018, at the time of permanent stay at around 21:09, the Defendant driven D-wing and solid freight vehicles with approximately 0.224% alcohol concentration from the 4km section to the front road of the same city as C in front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A E-document;

1. Notification of the results of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving, report on the circumstantial statements of drinking drivers, requests for appraisal of blood alcohol concentration, requests for appraisal, and report on detection of drinking drivers;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each investigation report (No. 7 and 15 No. 5 of the evidence list), and internal investigation report (No. 8 of the evidence list);

1. An accident site photograph;

1. Previouss before and after judgments: Application of three copies of Acts and subordinate statutes, such as criminal records, references to criminal records, investigation reports (No. 20 times the list of evidence), judgment, etc.;

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. The defendant's reason for sentencing under Articles 53 and 55 (1) 3 (C) of the Criminal Act for discretionary mitigation is the 6th degree counting from the sentencing of this case only after 2000. The defendant has already been punished twice as a suspended sentence of imprisonment with prison labor due to drunk driving, and the blood alcohol concentration concentration in this case is very high.

However, the fact that the defendant recognizes and reflects the crime, the economic situation and health of the defendant's family seems to be considerably good, and the cargo vehicle after the case seems to be disposed of.

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