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(영문) 대구지방법원 영덕지원 2019.06.12 2019고단30
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 14, 2004, the Defendant received a summary order of KRW 4 million from the Seoul Central District Court due to a violation of the Road Traffic Act (driving). On May 30, 2005, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon Central District Court on May 30, 2005. On June 26, 2012, the Seoul Southern District Court received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving). On April 27, 2016, the Defendant received a summary order of KRW 3 million from the Seoul Southern District Court on June 26, 2012, and completed the enforcement of the sentence at the Daegu Detention District Court on October 26, 2017.

On February 14, 2019, at around 22:15, the Defendant driven a Dbee cruise car under the influence of alcohol content of about 0.216% at the 2km section from the roads in front of the Cju point located in Chungcheongnam-gun B, Chungcheongnam-gun, Seoul, to the roads in front of the Cju point located in the same 481, Chang Young-gu, Seocheon Sea.

As a result, the Defendant, who violated the prohibition of drunk driving at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Reporting on detection of suspected victims of violation of the Road Traffic Act and voluntary driving, notification on the results of the regulation of drinking driving, report on the circumstantial statement of a drinking driver, and making an inquiry into the enemy;

1. Previous records of judgment: Application of criminal records, repeated statements, and criminal investigation reports (report on confirmation of the same kind of power, repeated crimes, and reporting on confirmation) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, recognizes all of the crimes of this case.

However, the defendant is sentenced to a fine in 2004 due to drinking driving, a traffic accident in the course of drinking driving, etc. and sentenced to imprisonment in 2005, a fine in 2012 due to drinking driving, and a traffic accident in the course of drinking driving and escape.

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