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(영문) 대구지방법원 2017.09.25 2017고단2461
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who has the driving force of at least twice, such as imprisonment with prison labor for at least 1.5 million won for a violation of the Road Traffic Act in the resident support of the Daegu District Court on September 13, 2010; a summary order of at least 3 million won for a violation of the Road Traffic Act (driving) in the same court on January 24, 201; imprisonment with prison labor for at least 10 months for a violation of the Road Traffic Act (driving) at the Daegu District Court on April 24, 2012; imprisonment with prison labor for at least 2 years for a violation of the Road Traffic Act (driving) at the Daegu District Court on June 26, 2014; and imprisonment with prison labor for at least 10 months and for two years of a suspended sentence.

[2] On April 19, 2017, the Defendant driven a B-to-purd vehicle with approximately 100 meters alcohol concentration of about 0.169% while under the influence of alcohol at approximately 0.169% from the 100m section of 100 meters to the studio straw.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of a driver who is in charge of drinking and inquiry about the results of crackdown on drinking drivers;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the same criminal suspect's judgment, etc.);

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 grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) are as follows: (a) the punishment is determined as ordered in light of all the following circumstances; (b) the age, sex, family relation, family environment; (c) motive and means of the crime; and (d) the motive and means of the crime; and (c) the various conditions of sentencing specified in the instant records and arguments, including the circumstances after the crime.

The defendant was sentenced to a fine on three occasions due to drinking driving, etc. and a punishment for suspension of the execution of imprisonment on two occasions, but he/she was also under the influence of drinking.

All of the above criminal records are driving after 2010, and they are driving in drinking condition even in the crime of this case.

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