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(영문) 대구지방법원 포항지원 2017.08.10 2017고단690
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal history] On February 2, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law at the port branch of the Daegu District Court, and on March 25, 2009, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime, etc. at the same court on March 25, 2009. On July 15, 201, the Defendant was sentenced to a summary order of KRW 8 million for the same crime, etc. at the same court on July 15, 201, and was sentenced to a suspended sentence of KRW 8 million for the same crime, etc. at the same court on November 26, 2012.

[2] Although Defendant 1 was punished on two or more occasions due to drinking driving, Defendant 2 driven CMW car from around 2 km to the road front of the port port in the port in the port in the port in the port in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, while under the influence of alcohol at around 02:31 on May 24, 2017, while he was under the influence of alcohol at around 0.196%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, report on investigation (report attached to such previous rulings, etc.);

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 Article 53 and Article 55(1)3 of the Act on the Mitigation of Small Quantity Mitigation is that the defendant has been punished several times due to a violation of traffic laws (drinking) but repeats drinking while driving, taking into account the numerical value of alcohol concentration in blood at the time of driving, the defendant's age, environment, sexual behavior, and other various sentencing conditions stated in the records of this case, the sentence of sentence against the defendant is deemed inevitable and the sentence of sentence is determined as ordered.

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