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(영문) 대구지방법원 김천지원 2017.12.12 2017고단1533

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

[criminal history] On September 9, 2010, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating road traffic law (drinking) in the Daegu District Court Kimcheon-cheon, and was sentenced to a fine of ten million won for the same crime at the Daegu High Court on August 30, 2012.

[2] On October 18, 2017, the Defendant 1 driven a e-sports cargo vehicle B in the state of alcohol alcohol concentration of approximately 0.086% from the 200-meter section to the front road of the Geumsan reservoir located in 5-8 U.S., Sinsi-si around 22:50 on October 18, 2017, with the history of violating Article 44(1) of the Road Traffic Act twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of the same type of force), and application of the text of the judgment;

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 reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount of punishment has already been committed by the Defendant, even though he/she had a record of criminal punishment on several occasions including punishment for the same kind of crime, and at the same time, he/she has committed the instant crime.

However, the defendant is re-competing.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.