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(영문) 대구지방법원 서부지원 2017.10.25 2017고단2080
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and a fine of four million won in the Daegu District Court on the grounds of injury, etc., and completed the execution of the sentence in the Daegu Prison on February 13, 2017.

[Criminal facts]

1. On July 10, 2017, the Defendant driven CK5 cars while under the influence of alcohol with approximately 0.142% alcohol concentration from the 1km section from the front of the apartment complex 3 complex in the Seo-gu, Daegu-gu, Seogu, Daegu-ro, 78, on July 10, 2017, to the front road of the Daegu-gu, Seogu, Seo-gu, Seoul-ro, Daegu-ro, 1km to the front road.

2. On August 5, 2017, the Defendant driven CK5 cars under the influence of alcohol with approximately 0.220% alcohol concentration in blood on the front road of the apartment complex of about 1km-dong, Seogu, Daegu-gu, Daegu-gu, about August 5, 2017, from around 0:20 to the front road of the main road of the Daegu-gu, Seodong-gu, Daegu-gu.

3. On August 7, 2017, the Defendant driven CK5 vehicle under the influence of alcohol content of approximately 0.227% in the 12km section from August 7, 2017 to the 12km-ro, 126 (Macheon-dong) in the middle-gu, Daegu-gu, Seoul-ro, 494 (Large-do, Macheon-ro, Macheon-ro, 126 (Macheon-dong), from the front of the 494 (Macheon-dong), on August 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of drinking, the statement of the situation of each driver of drinking, each investigation report (report on the circumstances of the driver of drinking), and inquiry into the results of crackdown on the driving of drinking;

1. Photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of repeated offenses- inquiry and attachment of judgment);

1. Articles 148-2 (2) 1 and 2, and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, the selection of a sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is as follows: (a) although the Defendant had been punished for a suspended sentence on four occasions due to drinking alcohol, he/she only takes three times without being able to engage in a repeated crime during the period of the suspended sentence.

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