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(영문) 대구지방법원 안동지원 2016.12.16 2016고단848

도로교통법위반(음주운전)

Text

The defendant shall be punished by imprisonment for a term of one year.

Reasons

Punishment of the crime

[Criminal Power] On March 31, 2014, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) in the sex support of the Daegu District Court.

In addition, the Defendant, while under the influence of alcohol level of 0.108% on January 9, 2016, was sentenced to the suspension of execution for six months due to the crime of violation of the Road Traffic Act in the Daegu District Court's Ansan Branch on April 15, 2016, under the influence of alcohol level of 0.108%.

【Criminal Facts】

1. On October 2, 2016, the Defendant: (a) around 17:45 on October 2, 2016, the Defendant driven a car with C Ah-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

2. On November 1, 2016, the Defendant: (a) driven a vehicle from the 1km section at around the 1km section from the roads front of the new global frequency 0.120% in the same Dong-dong while under the influence of alcohol with a light alcohol concentration of around 21:35, Nov. 1, 2016 to the roads under the same subparagraph of the same Decree.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the proper launch of a drinking driver, each report on the actual state of a drinking driver, each car inquiry, each register of driver's licenses for motor vehicles, and notification of the results of the control of drinking driving;

1. Criminal records as stated in the judgment: Criminal records, etc. inquiry reports, report on the results of confirmation of the dispositions and dispositions, and application of Acts and subordinate statutes to each investigation report (Attachment of the same criminal suspect's judgment in progress);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Among concurrent crimes, each of the crimes in this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is highly likely to be subject to criticism in light of circumstances, danger, etc.

Although the defendant had a history of drinking driving twice as stated in its reasoning, it is in particular a different case.