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(영문) 대구지방법원 김천지원 2013.09.12 2013고단1012

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On August 16, 2006, the Defendant was sentenced to one year of imprisonment and two years of suspension of execution for the crimes of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, and on April 27, 2010, the Defendant was sentenced to six months of imprisonment for the violation of the Road Traffic Act at the Daegu District Court on April 27, 201, and was released on November 30, 201 and the parole period expired on January 24, 201.

【Criminal Facts】

1. At around 02:25, Jun. 10, 2013, the Defendant driven a Clearning car with the alcohol concentration of 0.113% under the influence of alcohol on the front of the Magsan-dong Magsan-dong, Magsan-si.

2. At around 21:40 on July 21, 2013, the Defendant driven a Clearning car while under the influence of alcohol with a 0.067% alcohol concentration on the front of the legal history of the Nam-dong, Nam-si, Seoul Special Metropolitan City.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Report on detection of a violation of the Road Traffic Act (fact 2 at the market), report on the situation of a driver of a driving under the influence of alcohol, report on the status of a driver under the influence of alcohol, report on detection of a driver under the influence of alcohol, and inquiry into the results of the control of a

1. Defendant's legal statement;

1. The report on the situation of driving under the influence of alcohol, the statement of the circumstances of the driver under the influence of alcohol, and the inquiry into the results of the crackdown on driving under the influence of alcohol (the previous record on the market) - the investigation records of the High Court 6

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (verification reports on criminal records of the same kind, and confirmation of repeated crimes);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has already been sentenced to three times a fine, three times a suspended sentence, and one time a sentence for the same kind of crime. Considering that each of the instant crimes is a crime committed during the period of repeated crimes, it is inevitable to punish the Defendant significantly.

However, it is against the defendant's wrong.