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(영문) 대구지방법원 상주지원 2017.06.20 2017고단144

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On December 20, 2007, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic law at the resident support of the Daegu District Court, and was sentenced to a suspended sentence of two years for six months for a violation of road traffic law at the Daegu District Court on January 9, 2014.

[2] On March 21, 2017, the Defendant driven a DNA car with alcohol content of about 1km from around 08:10 to around 08:10, in the state of under the influence of alcohol with alcohol content of about 0.22% from around 1km to the front road of the above-wing Jeju apartment through the city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the occurrence of a violation of traffic laws on roads, arrest of a suspected victim, a report on the detection of a primary driver, and a report on the results of regulating drinking, and a statement of the circumstances of a primary driver;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to previous rulings), and application of the provisions of Part III of the Judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The rationale for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) is that the defendant recognized the crime and reflects it.

However, since 2004, the Defendant committed five drinking driving crimes.

This is the fifth drinking driving crime between about 13 years.

Criminal defendant's like crime has been repeated.

On the other hand, the defendant was sentenced to the two-year suspended sentence in 2005 due to driving under the influence of alcohol in 2005 and was sentenced to the two-year suspended sentence. Accordingly, the defendant again committed the crime of driving under the influence of alcohol without a license in 2007. The court was tried in this court around 2007.