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(영문) 대구지방법원 김천지원 2017.11.21 2017고단1294

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 11, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law in the Daegu District Court Kimcheon, and was sentenced to a suspended sentence of KRW 2 million for the same offense in the same court on May 11, 2012.

[2] The Defendant: (a) was a person who has violated Article 44(1) of the Road Traffic Act not less than twice; and (b) was driving a D4 G4 U.S. car under the influence of alcohol for about 2km from the 2km section to the 0.193% of alcohol content in the front road of the Gumi-si, Gumi-si, Seoul Special Metropolitan City, on August 13, 2017 to the 19:45.

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. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

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

1. The defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter "the following grounds for sentencing") of the Act on Reduction of Small Amount of Punishment is against the crime of this case.

However, the defendant has already been subject to criminal punishment at least six times, including imprisonment with labor for the same kind of crime.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is also high.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.