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(영문) 대구지방법원 서부지원 2018.10.17 2017고단3178
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On September 17, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a violation of road traffic law (driving), etc. at the Seo-gu District Court Branch Branch of the Daegu District Court. On January 10, 2013, the Defendant was sentenced to a suspended sentence of 8 months for a violation of road traffic law (driving), etc. at the same support on January 10, 2013, and was sentenced to a suspended sentence of 2 years for a violation of road traffic law. On February 5, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a violation of road traffic law (driving).

[2] The Defendant was punished as a crime of violating the Road Traffic Act at least twice as above, and driven a DNA cargo vehicle under the influence of alcohol content of about 0.114% from the section of about 90km to the front road of the “C” located in Daegu-gu, Daegu-gu, Daegu-gu, on December 8, 2017, at around 20:20, from the road located in the Pyeongtaek-gu, Jin-si, Jin-si, Seoul-do around 201:24 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order, etc.);

1. The grounds for imposing a sentence of imprisonment under Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding the crime of this case, the defendant has already been subject to criminal punishment for drinking driving through several times, and the defendant has already been subject to a suspended sentence under the full bench's belief that he would not repeat the crime of this case, and the defendant has been subject to a suspended sentence of two times among them, and the defendant has committed the crime of this case, the drinking level is high, and the defendant is against the time of the crime of this case, and other circumstances shown in the argument of this case are considered.

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