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(영문) 대구지방법원 서부지원 2017.03.31 2016고단2424

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On October 19, 2007, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating road traffic laws at the Daegu District Court, and was sentenced to a suspended sentence of 6 months for a crime of violating road traffic laws in the Daegu District Court's support on August 27, 2009.

[Fact of crime] On October 22, 2016, the Defendant driven Chump-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (determination of property with alcohol concentration in the blood);

1. Previous convictions: Application of inquiry statements, investigation reports (the previous convictions and confirmations of the same type) and Acts and subordinate statutes;

1. The reasons for sentencing under Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding criminal facts are as follows: (a) on August 21, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seog District Court Seo branch branch, and was sentenced to a suspended sentence of one year and six months; (b) on the other hand, the Defendant again committed the instant drinking act without being aware of the fact that he/she had been sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.); and (c) on the blood alcohol concentration.

The sentence of imprisonment with prison labor like the order shall be held responsible for the sentence, and the defendant shall not be subject to statutory detention in consideration of the circumstances where the health of the defendant is extremely good, such as receiving hospitalized treatment due to the current non-alleysis and urology, etc.