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(영문) 대구지방법원 2018.07.12 2018고단2357
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 9, 2007, the defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act (driving), a summary order of 4 million won for a crime of violating the Road Traffic Act in the same court on May 14, 2008, and a summary order of 5 million won for the same court on July 31, 2009 due to a crime of violating the Road Traffic Act (driving). On December 29, 2009, the defendant was sentenced to a summary order of 5 million won for a crime of violating the Road Traffic Act (driving), and was sentenced to a suspended sentence of 8 months for the same court on December 29, 2009. On October 31, 2012, a person who had been sentenced to imprisonment of 6 months for a violation of the Road Traffic Act (driving) and has driven at least twice.

[2] On May 10, 2018, the Defendant driven a c golf vehicle under the influence of alcohol content of about 0.146% in a section of approximately 200 meters from May 10, 2018 to the underground roadway of the same new letter located in the same new letter, Dong-gu, Daegu-dong, Daegu-dong, 1104-3, Dong-dong to the new letter, Dong-dong.

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. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a reply letter to inquiry, 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity are as follows: (a) the Defendant was sentenced to imprisonment with prison labor for eight months or three years of suspension of execution on December 29, 2009 for a crime of violating road traffic laws on December 29, 200; (b) the Defendant was sentenced to six months of imprisonment for a crime of violating road traffic laws on October 31, 2012; (c) the Defendant committed the instant crime even though he had the past record of being punished several times for the same crime; and (d) considering the fact that the blood alcohol concentration is relatively high, a sentence of imprisonment with prison labor for the Defendant is inevitable.

However, the defendant.

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