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(영문) 대구지방법원 상주지원 2017.07.11 2017고단180
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 26, 2014, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act in the resident support of the Daegu District Court, and was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Daegu District Court on May 17, 2016.

[2] On April 9, 2017, the Defendant driven D rocketing car under the influence of alcohol content of approximately 0.107% from the 15km section to the road in the direction of the construction project, located in the middle of the mountain basin in the Busan-si, Sungnam-si, Busan-si, and located in the south-si, west-ro 88, South-west-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written inquiry about the result of regulating drinking driving;

1. Investigation report (No. 13 No. Serial of the evidence list);

1. Statement of comparison;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List No. 16), and text 4 of the judgment;

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 Defendant, on the grounds of sentencing Articles 53 and 55(1)3 of the Criminal Act (the following sentencing grounds), recognized the instant crime and is against the nature of the Defendant.

After this case, the automobile seems to have been disposed of.

This is the circumstances favorable to the defendant.

However, in 202, the Defendant was sentenced to a fine twice due to a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drinking of drinking), around 2004. On April 2006, the Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for again committing a violation of the Road Traffic Act (drinking of drinking).

After that, on June 2014, the Defendant again committed a violation of the Road Traffic Act (drinking) and was sentenced to a suspended sentence of two-year imprisonment in October 2014.

In addition, the defendant is driving without a license or drinking again on March 2015, which had been under the period of probation for the past.

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