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(영문) 대구지방법원 김천지원 2013.11.28 2013고단1387
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 18, 2009, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution for the crimes of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, etc. on November 18, 2009, and on March 30, 2011, the Defendant was sentenced to 6 months of imprisonment for the crimes of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, etc. on March 30, 201, and the suspension of execution was invalidated, and the execution of the sentence was terminated at the Incheon District Court on March

【Criminal Facts】

On September 16, 2013, around 23:20 on September 16, 2013, the Defendant driven a motor vehicle with C low-priced car, which was under the influence of automobile insurance with a blood alcohol concentration of 0.178% at the front of the main point of “Sari-dong, Jin-si, Sinsi.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, statement in the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Information about the purchase of mandatory insurance, and mandatory insurance;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (Attachment to judgment related to criminal records) and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment for each term;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) even though the Defendant had a history of criminal punishment several times due to drunk driving, he/she also drives the instant drunk driving; (b) each of the instant crimes was committed during the period of repeated crime; and (c) the degree of blood alcohol concentration in the instant case is very high, a sentence of sentence against the Defendant is inevitable.

However, in consideration of all the circumstances, such as the fact that the defendant reflects a mistake in depth and the fact that there are children to support the defendant, the punishment shall be determined as per the order.

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