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(영문) 대구지방법원 김천지원 2017.02.22 2017고단60

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 12, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (drinking driving) in the resident support of the Daegu District Court on October 12, 201. On March 22, 2011, the Defendant was sentenced to a suspended sentence of six months for the same crime in the resident support of the Daegu District Court on March 22, 201, and was sentenced to a fine of ten million won for the same crime at the Chuncheon District Court on February 11, 2015.

Although the Defendant had been punished twice or more due to drinking driving, on December 31, 2016, at around 12:55, the Defendant driven a car in Ctero, while under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.184% from the 300-meter section of alcohol to the above loan road through a parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Investigation report (as to credibility of statement by a suspect, and as to suspected of driving drinking alcohol);

1. Photographss of CCTV for crime prevention, 112 reported case processing, CCTV video CDs;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, investigation reports (A's previous convictions and attachment of written judgments, etc.);

1. For the reason of sentencing under Articles 148-2(1)1 and 44(1)3 of the Act on the Road Traffic concerning criminal facts, the Defendant has five-time fines due to drinking and driving without a license, one-time suspension of imprisonment, one-time suspension of execution of a sentence, and one-time imprisonment for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act. In addition, the Defendant committed a second offense despite being sentenced to a fine for a crime of violation of the Road Traffic Act (driving) committed during the period of a repeated offense, the Defendant committed a second offense despite being sentenced to a fine for a crime of violation of the same Act (driving), which is highly high in alcohol concentration at the time of the crime, and in view of the fact that drinking driving is not only an act of driving alcohol but also a high risk of harming another’s life and body, making the Defendant take a second offense against the Defendant at the time of the crime.