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(영문) 대구지방법원 경주지원 2017.08.31 2017고단198
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On August 8, 2001, the Defendant was sentenced to a summary order of KRW 1.5 million for a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) in Daegu District Court racing support, etc. on August 8, 2001. On June 22, 201, the Defendant was sentenced to a summary order of KRW 6 months and a suspended sentence of two years for a violation of the Road Traffic Act (drinking driving) in the Daegu District Court and its branch court of the Daegu District Court. On April 12, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving). On September 25, 2014, the Defendant was sentenced to a suspended sentence of imprisonment for 6 months and 2 years for a violation of the Road Traffic Act (drinking driving).

[2] Although Defendant 1 had been punished for drinking more than twice as seen above, Defendant 2 driven B Poter cargo under the influence of alcohol content of about 0.198% from around 300 meters to around the 300-meter radius from the apartment road in front of Dongcheon-dong on March 12, 2017, in the Dongcheon-dong, Dongcheon-dong, Seocheon-si, Seocheon-si, which is located in the Dongdong-dong-dong, by around March 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on occurrence of a case that is suspected to violate traffic laws on roads, reporting on the situation, notification of the results of regulating the driving of drinking, and inquiry into the results of regulating the driving of drinking;

1. Previous convictions in judgment: The provisions of subparagraph (A) of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes to report investigation;

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 Criminal Act for mitigation of amount is that the accused has been sentenced to four times or more for the same kind of crime and is sentenced to a suspended sentence of imprisonment or two times among them.

In particular, the defendant was punished three times for the same crime since 201, and among them, in the Daegu District Court on September 25, 2014.

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