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(영문) 대구지방법원 2013.08.22 2013고단3133

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 1, 2010, the Defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (joint coercion) at the Daegu District Court on August 11, 2010, and the execution of the sentence was completed in the Daegu Prison on the same day.

Criminal facts

On April 12, 2013, at around 21:31, the Defendant, at around the same time, driven Bone Star Franex in the state of alcohol alcohol concentration of about 700 meters from around the same time to the front of the Sinyang-dong Myeong Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Previous records: The application of inquiry reports on criminal records, etc. and investigation reports (including reports on confirmation of the completion of punishment and attached judgments) Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes:

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant has a majority of criminal records of the same kind, the defendant does not know even though he/she is a repeated crime period, and the defendant again commits the instant crime without being able to do so, and the degree of blood alcohol concentration is high.

Provided, That the punishment as ordered shall be determined in consideration of all the normal data shown in the trial process, such as the fact that the defendant does not reach recidivism, the age and occupation of the defendant, etc.