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(영문) 대구지방법원 포항지원 2017.11.30 2017고단1218

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

[criminal history] On February 28, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving), KRW 1.5 million for the same crime at the same court on September 5, 2008, and KRW 2 million for the same crime on September 29, 2010 for the Daegu District Court. On May 21, 2015, the Defendant was sentenced to a suspended sentence of six months for imprisonment with labor for the same crime.

[2] Defendant 1 had the record of being punished not less than twice due to the above violation of the Road Traffic Act (drinking driving)

1. On August 6, 2017, around 02:35, a person drives a Ck7 vehicle while under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.155% from the section of approximately 400 meters to the front road of the Myeonk-dong, Chungcheongnam-dong, Yangdong-dong, Yangdong-dong-gu, Yangdong-dong-dong, by the same way on the front road of the Gu-dong Do-dong Do-dong Do-dong,

2. On August 17, 2017, around 02:32, the said car was driven under the influence of alcohol content of approximately 0.102% from a section of approximately 400 meters, from the 400 meters away from the blood, to the front road of the Mapo-dong Mapo-dong Mapo-dong, Chungcheongnam-gu, Chungcheongnam-gu, Daegu-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. Notification of the results of regulating driving of alcohol;

1. A written appraisal of alcohol among bloods;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the previous confirmation thereof) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant repeatedly repeated drinking despite the fact that he/she had been punished several times due to a violation of the Road Traffic Act (driving), and the fact that the amount of alcohol concentration in blood at the time of driving is high; and (b) other various sentencing conditions indicated in the Defendant’s age, environment, sexual behavior, and the records of this case.