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(영문) 대구지방법원 상주지원 2017.01.24 2016고단460

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 28, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the inn of the Sugwon Friwon, and on October 28, 2011, the Defendant was sentenced to a fine of KRW 4 million for the same crime, and on February 13, 2015, was sentenced to a fine of KRW 6,000,000 for the same crime, and the Defendant completed the execution of the sentence in the Daejeon District Court on October 12, 2015.

[2] On August 14, 2016, the Defendant driven a B-wing truck with alcohol content of about 70km from around 10:40 to around 0.083%, while under the influence of alcohol, from around 70km to around 0.083% from the 70km section, where the head of the relevant Si/Gun/Gu is the head of the relevant Si/Gun/Gu, on August 14, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of such criminal record and repeated offense);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include only a number of times the Defendant was punished for driving alcohol, etc., and the Defendant was released from the military after being sentenced to a punishment due to the refusal of drinking alcohol measurement, etc., and then went again to drive alcohol of this case without being aware of it during the period of repeated crime, and thus, the sentence of sentence is inevitable.

However, the sentence shall be determined as ordered in consideration of the fact that the defendant sells the vehicle and reflects on the crime, and the age, sex, environment, circumstances leading to the crime, means and methods of the crime, and the circumstances after the crime, etc.