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(영문) 대구지방법원 2016.05.19 2016고단1179
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who violated the provision on the prohibition of driving under the influence of alcohol, such as imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) at the Youngju District Court on December 14, 2007, a fine of one million won for a violation of the Road Traffic Act (drinking driving), a fine of two million won for a violation of the Road Traffic Act (dacting driving) at the Daegu District Court on March 9, 2009, and a fine of four million won for a violation of the Road Traffic Act (dacting driving) at the Daegu District Court on July 7, 2010, and two times or more for a violation of the Road Traffic Act (dacting driving) at the Daegu District Court on January 23, 2014.

[2] On March 14, 2016, at around 22:05, the Defendant driven a B-hand motor vehicle while under the influence of alcohol content of about 0.194% from the 3km section of the blood alcohol level to the 2nd side of the Sung Jae apartment apartment located in the approximately 3km-gun of the Gyeongnam-gun of the Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun, in a manner that the Defendant is under the influence of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Inquiry into criminal history data, and application of each investigation report (No. 9,10 of the evidence list) statute;

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. On the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

The defendant was punished for driving under drinking four times since 2007, but the period of suspension of execution due to the same crime has not expired, and the defendant committed this case.

The number of alcohol concentration among the blood of the defendant is very high.

Therefore, it is difficult to exempt the Defendant from punishment.

The defendant is given a favorable position.

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