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(영문) 대구지방법원 서부지원 2015.10.30 2015고단1325
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 27, 2009, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court, and on April 18, 2013, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Road Traffic Act.

On August 18, 2015, at around 22:05, the Defendant driven a B-be truck under the influence of alcohol content of 0.158% from the pre-road of the master rice market in the Daegu-gun, Seoglin located in the same Eup/Myeon, and up to the road, the Defendant driven a B-be truck under the influence of alcohol content of about 2km from the pre-road of the master rice market in the same Eup/Myeon.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, etc. and other inquiry reports, investigation reports (reports attached to the same criminal records and other concurrent judgments, etc.);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. The sentence shall be imposed in light of the fact that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act include two times of suspended sentence for the same kind of crime, and that the drinking water level is 0.158% higher than that of the sentence, but the sentence shall be determined as per the order, considering the fact that the defendant has no record of punishment, and that there has not occurred any accident.

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