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(영문) 대구지방법원 2017.08.31 2017고단3555
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 4, 2012, the Defendant was sentenced to a suspended sentence of two years on October 2010 and sentenced to a suspended sentence of two years on two or more occasions for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon (Drinking). The Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act, and on December 12, 2013, the Defendant was sentenced to a suspended sentence of two or more times.

On January 14, 2015, the Defendant was sentenced to four months of imprisonment due to a violation of road traffic law (unlicensed driving) in the Daegu District Court Kimcheon branch on January 14, 2015, and the previous suspended sentence became null and void, and was provisionally released on December 24, 2015, and the term of imprisonment was terminated on March 15, 2016.

On June 3, 2017, the Defendant, while under the influence of alcohol content of 0.127% during blood transfusions around 21:08, driven a C-learning car at a section of about 200 meters from the 1st 50-meter radius to the roads in front of a mutual influence cafeteria located in the North Doldong-gun, Gyeongdong-gun.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order), investigation report (verification of the date of release of the suspect), personal confinement status, application of the statutes 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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the defendant recognized and seriously reflects the crime of this case, and the defendant should support his family in an difficult economic environment. However, the defendant has already been punished several times due to drinking and non-licensed driving as stated in the previous judgment, and the defendant committed the crime of this case even during the aggravated period of repeated crimes due to non-licensed driving.

In addition, the alcohol concentration at the time of driving the instant drinking exceeds 0.1% and is normal driving.

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