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(영문) 대구지방법원 경주지원 2016.04.14 2015고단1009
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On March 24, 2009, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Daegu District Court on March 24, 2009, and was sentenced to a suspended sentence of 1.5 million won on January 11, 2013 for the same crime, and was sentenced to a suspended sentence of 2 or more times for a crime of violating the Road Traffic Act on October 11, 201.

Nevertheless, on October 19, 2015, at around 15:35, the Defendant driven a B observer car under the influence of alcohol content of about 4km from the 4km section to the front road of the Dong-gu cafeteria cafeteria located in the same Ri, from the 15:35, 15:5, the Defendant driven a b observer car in the influence of alcohol content of around 0.158%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Seven copies of the statement on the circumstances of a driver driving, the inquiry of the results of crackdown on drinking driving, and the management inquiry of a report on the main driving;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (the confirmation that the person under consideration has been punished twice or more due to driving under drinking), copies of summary orders, and copies of rulings, which are subject to the total of eight copies of the judgment;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount are that the defendant repents his mistake.

However, the defendant has been sentenced to a fine not less than seven times due to a violation of the Road Traffic Act, a suspension of the imposition of imprisonment, and a punishment. In addition, on January 11, 2013, the defendant committed the crime of this case in the same kind, even though he was sentenced to a two-year suspended sentence for the same crime on October 11, 2013, even though he was sentenced to a two-year suspended sentence for the same crime.

As such, if the defendant who is highly likely to repeat the crime is punished in a very consistent manner, he/she will drive drinking again without any compliance consciousness and thereby, he/she is not only the defendant himself/herself.

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