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(영문) 대구지방법원 2017.12.14 2017고단5980
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 14, 2010, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of road traffic law at the Jeonju District Court, etc. on August 14, 2010. On January 7, 2016, the Daegu District Court sentenced the Defendant to a suspended sentence of one year and two months for a crime of violation of road traffic law at the Daegu District Court on January 7, 2016, and completed the execution of the sentence on October 19, 2016.

[2] On October 12, 2017, the Defendant driven a C-wing truck with alcohol content of at least 0.185% while under the influence of alcohol at approximately 100 meters in the section of the first apartment road located in Daegu-gu, Daegu-ro 41-4 mother-ro 11-4 mother-ro, 100 meters.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the statements made under the circumstances of the driver involved in the ship; and

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, personal confinement status, and judgment text, such as criminal history;

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. Based on the reasons for sentencing Article 35 of the Criminal Act, the punishment as ordered shall be determined in full view of the following circumstances: (a) the Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime; and (b) various sentencing conditions specified in the records and arguments, including the circumstances after the crime.

Disadvantageous circumstances: The Defendant had been punished by imprisonment with prison labor on six occasions due to drinking, refusal to measure drinking, etc., and the Defendant was driving at once again for one year after release without being able to do so even during the repeated crime of the same kind of crime.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

Defendant is deemed to have been treated as alcohol addiction after being released from the military court.

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