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(영문) 대구지방법원 김천지원 2016.03.16 2016고단31

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 5, 2010, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic laws in the Daegu District Court Kimcheon, etc., and on October 30, 2014, the Defendant was sentenced to imprisonment for eight months and two years of suspended execution.

On December 19, 2015, the Defendant started from the shooting distance in front of the post office of the head of the Gu, Sim-si, Sim-si, the Defendant driven Dworka car with approximately 300m alcohol content of about 0.101% in blood while under the influence of alcohol without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment of the same type of crime, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The defendant's grounds for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter referred to as "the grounds for sentencing") of the Act on Reduction of Small Quantity and that all of the crimes of this case are recognized and the defendant will not again drive alcohol or drive without a license.

There are circumstances to consider, such as the fact that there is a reason to support the defendant, and the fact that there are the wife and children.

However, in light of the fact that the defendant has already been punished several times due to the violation of the Road Traffic Act due to drinking driving, and the fact that the crime of this case was committed during the suspension period after being sentenced to a suspended sentence due to the same crime, and the risk of driving drinking, the defendant is punished for the illegal act of this case.