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(영문) 대구지방법원 2017.09.07 2017고단2960
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 6, 2013, the Defendant was issued a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Daegu District Court on March 6, 2013. On November 13, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (harm resulting from dangerous driving) and a violation of the Road Traffic Act (driving driving) on July 24, 2016, and completed the execution of the sentence at the Daegu Detention House on July 24, 2016.

On March 28, 2017, while under the influence of alcohol 0.161%, the Defendant driven a Cbenz car in the section of about 3 km from the front of the back of the Yando at which it is difficult to identify the trade name located in the movable property at the front of the Cheongdo-gun, Cheongdo-do-gun on the same day to the front of the village entrance located at the lower end of 15:30 on the same day.

As a result, the Defendant was punished for a violation of the Road Traffic Act at least twice, but driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of the past record of the same type of crime and attachment of summary order), investigation report (report on confirmation of the fact that the criminal suspect is a repeated crime);

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 reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is as follows: ① Juvenile protection case due to special larceny and non-licensed driving in 2005; ② a fine of KRW 1.5 million due to driving of light alcohol in 2008 (0.154% alcohol concentration in blood); ③ a fine of KRW 3 million due to a violation of Road Traffic Act (an accident) around 2012; ④ a fine of KRW 4 million due to driving of alcohol in 2013 (0.134% alcohol concentration in blood); ⑤ a fine of KRW 4 million due to driving in around 2013 (0.134% in blood alcohol concentration in blood); and ⑤ a traffic accident resulting from driving of alcohol (0.129% in blood alcohol concentration in blood) and without a license on July 2, 2013.

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