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(영문) 대구지방법원 2016.06.23 2016고단1832
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on February 28, 2007, and on October 19, 2007, the defendant was sentenced to a suspended sentence of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on September 3, 2008, and was sentenced to a suspended sentence of KRW 5 million for a crime of violating the Road Traffic Act at the Daegu District Court on September 5, 201, and was sentenced to a suspended sentence of two or more times for a crime of violating the Road Traffic Act at the Daegu District Court on September 5, 2013.

[2] On April 2, 2016, the Defendant, while under the influence of alcohol at around 0.138% during blood transfusion, driven a C low-priced motor vehicle in the section of approximately 500 meters in front of the Daegu North-gu driver’s license test site for Daegu-gu, Daegu-gu, which is located in Taecheon-dong-ro, Daegu-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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. In light of the fact that the Defendant again committed the instant crime even though he/she had been punished several times (two times a suspended sentence, two times a fine) due to driving under drinking, and that his/her alcohol content in blood was higher than 0.138%, it is inevitable to sentence the Defendant to the punishment.

However, in light of the fact that the defendant led to the confession of the crime of this case, and other circumstances, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, the punishment as ordered shall be determined by taking into account various circumstances, which form the conditions for sentencing as shown in the argument of this case, such as the circumstances after the crime.

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