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(영문) 대구지방법원 의성지원 2018.06.28 2018고단58
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 4, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving alcohol), and on March 9, 2009, the Defendant was sentenced to a summary order of KRW 3 million for the same crime in the same court. On November 5, 2009, the Defendant was sentenced to imprisonment for six months and two years of suspended execution for the same crime. On May 23, 2012, the Defendant was sentenced to imprisonment for six months and two years of suspended execution for the same crime at the Daegu District Court. On October 23, 2014, the Defendant was released on May 22, 2015, and on June 22, 2015, the period of parole for the execution of the sentence was expired.

On March 19, 2018, at around 17:10, the Defendant driven a c1 ton cargo vehicle owned by the Defendant under the influence of alcohol content of approximately 0.1% from approximately 9km section to the front route of the North-gu IIC station located in the same line-dong, the Dong-si, Sinsi, Sinsi.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle under the influence of alcohol even though he/she had a record of violating the prohibition on driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving of alcohol, the statement of the situation of the driver under driving, and the register of driver's licenses;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the period of a repeated crime of the same kind as the suspect and attachment of the same record of punishment), personal confinement status, sentence, and summary order-making statute;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, sexual conduct, motive for and means of crime, result, etc., under Article 35 of the Criminal Act for aggravated repeated crimes, shall be determined by comprehensively taking account of the following circumstances under Article 35 of the Criminal Act and other factors of sentencing as ordered.

favorable circumstances: The defendant's mistake.

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