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(영문) 대구지방법원 서부지원 2017.12.20 2017고단2626

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On December 16, 2008, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (drinking driving), and on January 21, 2010, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (drinking driving), and on June 10, 2010, for a violation of the Road Traffic Act (drinking driving) at the Seog Branch Branch Branch Branch Branch Branch Branch Branch of the Daegu District Court, the Defendant was sentenced to a imprisonment of 8 months for a violation of the Road Traffic Act (drinking driving). On June 19, 2014, the Defendant completed the execution of the sentence at the Daegu District Court on November 18, 2014.

[2] Although Defendant 1 had been punished on two or more occasions as above, Defendant 2 driven a rocketing car under the influence of alcohol content of about 0.236% in the 10-meter section before D in Daegu-gun, Daegu-gun, around April 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is to take the driving, investigation report (report on the situation of the driver who is to take the driving), inquiry about the results of crackdown on the driving of drinking, and report on the situation of

1. A report on investigation;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, the status of personal confinement, report on investigation (verification of the same criminal history of the suspect), and application of the sentence of the judgment;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is not only criminal punishment already imposed on several occasions due to the same crime, but also the crime of this case was committed without being committed during the period of repeated crime due to the same crime, the drinking volume of this case is very high, on the other hand, the defendant is attempting to commit the crime of this case, and various circumstances revealed in the argument of this case including the distance of driving.

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