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(영문) 대구지방법원 안동지원 2018.02.06 2017고단390

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

[criminal history] On June 9, 201, the Defendant was issued a summary order of KRW 1.5 million due to a violation of road traffic law (drinking driving) in the Daegu District Court’s support on June 9, 201, and on May 3, 2016, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. at the same court on May 3, 201, and completed the execution of the sentence in Daegu Prison on September 2, 2016.

[2] On May 31, 2017, the Defendant was under the influence of alcohol of 0.241% in blood without a vehicle driver’s license on May 31, 2017. The Defendant driven a C-wing freight vehicle from the section of about 500 meters in front of the real estate X-ray in the front of the indoor sports center in the Ansan-dong, Andong-dong, Ansan-dong, to the road in front of the real estate X-ray in the Ansan-dong, Ansan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. (A) and inquiry into the association of the main office of a motor vehicle driver's license (A);

1. Records of crime: References to inquiries, such as criminal history, confirmation of criminal records of suspects, and application of statutes on the acceptance status of individuals;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances favorable to the reasons for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes: The Defendant recognized his/her mistake and reflects himself/herself.

The defendant scrapped the cargo vehicle that he had driven at the time of the instant case, and again does not drive alcohol or without a license.

There are many things.

On May 3, 2016, the Defendant was sentenced to imprisonment for not more than four months due to a crime of violating the Road Traffic Act, etc., and again committed this case during the period of repeated crime even though he was sentenced to imprisonment for more than four months and completed the execution of the sentence.

At the time of the instant case, the level of alcohol was very severe and the risk was high, and the actual traffic accident was led.

The risk of recidivism is very high in light of the criminal history and character and behavior of the defendant.