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(영문) 대구지방법원 서부지원 2016.09.23 2016고단1459

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 29, 2006, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Daegu District Court, which was sentenced to a fine of KRW 2 million on June 23, 2009, a fine of KRW 2.5 million on June 23, 2009, and a fine of KRW 5 million on January 14, 2013 as a crime of violating the Road Traffic Act at the Seobu branch branch of the Daegu District Court, and on December 4, 2014, the Defendant was sentenced to a suspended sentence of 6 months on December 12, 2014, and the judgment became final and conclusive on December 12, 2014.

On May 21, 2016, at around 00:35, the Defendant driven a Coper car under the influence of alcohol level of about 0.183% from around 50 meters to the front road of the elementary school located in the register of the Seongbuk-gun of the Gyeong-gun of the Gyeongbuk-gun, the Defendant driven the Coper car at around 0.183% under the influence of alcohol level from around 50 meters to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: The application of inquiry letter, investigation report (the confirmation of crimes during the period of suspended execution) and other relevant Acts and subordinate statutes;

1. The grounds for sentencing under Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding criminal facts have already been under the influence of a fine of six times due to drinking driving and a judgment of a suspended sentence once due to driving under the influence of alcohol. In particular, in this case, the degree of alcohol concentration among blood alcohol is highly likely to be subject to punishment during the suspended sentence period.

Even when taking into account the circumstances alleged by the defendant, punishment equivalent to its liability is inevitable.