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(영문) 대구지방법원 포항지원 2018.08.16 2018고단627
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 12, 2006, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating road traffic law (drinking driving) in the Daegu District Court’s support on October 12, 2006. On December 1, 2009, the Defendant was sentenced to a summary order of two million won for the same crime in the Daegu District Court’s support for racing, and on September 6, 2012, issued a summary order of three million won for a fine for the same crime in the Daegu District Court’s support for the same offense. On July 23, 2013, the Defendant was sentenced to a suspended sentence of three years for one year for the same reason.

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act (drinking) as above, the Defendant driven a CPoter-II truck in the section of approximately 3 km from the front of the “SK KWW Shel” 26, a 97-ro 26, the North Korean court at the Posi-gu, Posi-ro, the Posi-ro, the 19:00 on May 13, 2018, while under the influence of alcohol leveling 0.265% at around 19:0, the Defendant driven the Cpoter-II truck in the section of approximately 3 km from the front of the “SK KW Shel” 395, the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, notification of the results of crackdown on drinking driving, and report on traffic accidents (report on actual condition);

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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 under Articles 53 and 55(1)3 of the Criminal Act (the following circumstances considered as favorable among the reasons for sentencing) lies in recognizing the mistake of, and in depth against, the reason for sentencing, and there is a favorable circumstance for, the mother to be supported.

However, considering the fact that the Defendant had been punished three times as a fine due to drinking driving, and twice as a suspended sentence of imprisonment with prison labor, the Defendant is driving of the instant drinking, other than that, there is a history of traffic-related crimes that have been committed several times, and the numerical value of alcohol concentration in the instant blood transfusion reaches 0.265%, etc., the Defendant’s disadvantage is considered.

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