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(영문) 대구지방법원 2017.08.24 2017고단3317
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years on September 18, 2015 at the Daegu District Court on October 16, 2014 for a violation of road traffic law (dacting driving), and the probation period becomes final and conclusive on September 18, 2015.

In addition, on September 6, 2010, the Defendant was sentenced to a fine of one million won for a violation of road traffic law (drinking driving) in the Sung-gu District Court's Sung branch on September 6, 2010, and was sentenced to a fine of three million won or more for a violation of road traffic law at the Daegu District Court on November 13, 2013, and was sentenced to a fine of three million won or more for a violation of road traffic law (drinking driving).

[2] On May 8, 2017, the Defendant, while under the influence of alcohol content of 0.319% in blood, was driving C Lone Star Cornex in the section of approximately approximately 200 meters of the above new car 106-dong-gu, Daegu East-gu, Daegu-gu, 39-ro, and then, via the road front of the new car 106-dong-gu, Daegu-dong-gu, Daegu-gu, Daegu-gu, 39-ro, in the direction of the 106-dong-dong-gu, Daegu-gu, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. Previous convictions: References to inquiries, such as criminal history, reports on investigation (the same type of judgment, etc.), reports on previous convictions and results of confirmation, and the application of Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Unfavorable circumstances: (a) although the defendant had been punished several times for the same kind of crime, he/she is under the influence of alcohol with a alcohol content of 0.319% during the period of suspension of execution due to the same kind of crime despite the fact that the defendant had been punished several times for the same kind of crime; (b) he/she is under the influence of drinking by drinking while under the influence of alcohol during the period of suspension of execution due to the same kind of crime; (c) he/she reflects the favorable circumstances: (d) the defendant's health condition (such as proof of alcohol existence), family and support relationship, motive and circumstance of the crime, and the circumstances after the crime, etc.; and (e) the sentence is

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