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(영문) 대구지방법원 김천지원 2017.10.31 2017고단990

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On July 3, 2013, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of road traffic law in the Daegu District Court Kimcheon, etc., and was sentenced to eight months of imprisonment with prison labor for the same crime in the same court on August 29, 2013.

[2] On July 11, 2017, the Defendant driven B-low-income vehicle under the influence of alcohol with about 300 meters alcohol concentration 0.181% from the 300-meter section from which it is difficult to identify the trade name in the Gumi-si, Gumi-si to the front day of the cafeteria, which is located in the same Dong, to the front day of the Neow in the same Dong.

As a result, the Defendant had been punished more than twice as a crime of violating the Road Traffic Act, but once again driven a motor vehicle while under the influence of alcohol.

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. Previous convictions in judgment: A reply to inquiry, such as criminal history, reports on the results of confirmation of the previous convictions in each disposition, and application of each statute;

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

1. The defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds), has the history of criminal punishment, including three times of imprisonment, over six times.

The Defendant also caused a traffic accident by driving under the influence of alcohol in this case.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is also high.

However, the defendant is re-competing.

In the above circumstances, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of sentencing, including the Defendant’s health status, the Defendant’s age, sex, family relationship, and the circumstances after the crime.