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(영문) 대구지방법원 경주지원 2017.01.18 2016고단72
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On January 23, 2016, at around 17:53, the Defendant driven a CNEW EF rocketing car under the influence of alcohol content of approximately 0.084% from the 1k section of alcohol to the front side of the public announcement of the racing in front of the public announcement of the racing in the Sin-si, Sin-si, Sin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to report the occurrence of accidents, the notification of the results of regulating drinking driving, and the statement report on the situation of drivers;

1. The reason for sentencing of Article 148-2(2)3 and Article 44(1) of the Road Traffic Act concerning criminal facts and Article 148-2(2)3 and Article 44(1) of the Road Traffic Act (opportune of imprisonment) not only have the same criminal records leading to four times, such as drinking, refusing to measure drinking, etc., but also two times of suspension of execution.

Although the Defendant had already been sentenced to a suspended sentence on two occasions by the court, it is obvious that he had committed the instant crime again.

In consideration of these factors, the sentence is inevitable for the defendant to be sentenced: Provided, That the sentence is against the defendant, the drinking volume of the defendant is relatively low, and the sentence is determined like the order in consideration of all the sentencing factors shown in the trial of this case.

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