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(영문) 대구지방법원 영덕지원 2018.07.11 2018고단46
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On June 22, 2011, the Defendant was sentenced to a suspended sentence of two years for eight months due to a violation of road traffic law in the Young-gu District Court’s Young-gu District Court’s territorial support, and was sentenced to a suspended sentence of two years on June 11, 2014 for the same crime by the same court.

On October 17:40 on October 2018, 2018, the Defendant driven a driver’s vehicle with a gallon in the state of alcohol 0.163% alcohol concentration in blood from approximately 6km to the front road of the salivian mother in the Gangseo-gu, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City, if the Defendant took the same Gun on the front road in front of the Bobal Magdong, the Defendant driven a driver’s vehicle with a gallon while under the influence of alcohol concentration

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating the driving of drinking alcohol, a report on the circumstances of the driver of drinking alcohol, and an inquiry into the vehicle;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. The grounds for sentencing under Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding criminal facts and Article 148-2(1)1 and Article 144(1) of the Act on the Selection of Punishment for the Crime of this case are as follows: (a) although the defendant recognized all of the crimes of this case, divided, reflected, and sold the vehicle driven by the defendant while the defendant did not repeat the crime of this case; (b) although the defendant had been sentenced to five times or more due to drinking driving, the defendant had been sentenced to five times or more due to suspended sentence; (c) the defendant again committed the crime of this case despite suspended sentence three times; (d) the degree of driving at the time of driving is low and the road could lead to a serious accident, such as the defendant's age, environment, sexual behavior, motive, means and consequence of the crime, and the circumstances after the crime, the punishment shall be determined by taking into consideration all the sentencing factors indicated in the arguments of this case, such as the order.

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