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(영문) 대구지방법원 안동지원 2018.12.18 2018고단580

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

① On March 15, 2012, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic laws in the Daegu District Court’s support on March 15, 2012. ② On June 8, 2012, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating road traffic laws in the same court. ③ On January 22, 2015, the Daegu District Court was sentenced to a fine of KRW 10 million for a crime of violating road traffic laws.

On August 24, 2018, the Defendant driven a D-owned car under the influence of alcohol content of about 0.105% in the 15km section from August 24, 2018, to the front day of the 1166 Fungsan Fire Station, a Pungsan-gu, Pungdong-si, Pungdong-si, Pungdong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, statement of the situation of the driver driving, and inquiry of the results of regulating the driving of drinking;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include all of the defendants, as stated in the facts, several times of punishment for the same kind of crime, and even if a suspended sentence of imprisonment was imposed, recidivism again was conducted despite the sentence of a suspended sentence of imprisonment, and the nature of the crime is heavy in light of the distance of the vehicle driven at the time of the crackdown or the drinking level.

Accordingly, the defendant is sentenced to the punishment.

On the other hand, it is decided as ordered by the reduction of statutory punishment by taking into account the following factors: the defendant's mistake and reflects in depth, the defendant's family members, such as young children, etc. who should support, the fact that the defendant's family members have been active prior to the peace, and the defendant's age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc.