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(영문) 대구지방법원 포항지원 2013.04.18 2013고단60
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of two million won for a violation of the Road Traffic Act at the port branch of the Daegu District Court on May 30, 2006 due to a fine of two million won for a violation of the Road Traffic Act (driving), at the port branch of the Daegu District Court on April 1, 2008, as a fine of two million won for a violation of the Road Traffic Act (driving), at the port branch of the Daegu District Court on August 17, 2009, as a fine of three million won for a violation of the Road Traffic Act (driving) and at the port branch of the Daegu District Court on December 22, 2009, at the port branch of the Daegu District Court on December 22, 2009, two years after suspension of execution for six months for a violation of the Road Traffic Act (driving of Drinking), at the port branch of the Daegu District Court on February 16, 2012.

On December 14, 2012, at around 00:12, the Defendant driven a B rocketing car under the influence of alcohol content of 0.089% at around 200 meters from the front of the Dong-dong Hospital to the front of the North Dong-dong Central Elementary School at Port, Mapo-dong, Mapo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records: Criminal records and other inquiries, and the application of inquiry reports and investigation-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is not only the fact that the defendant was punished several times for the same kind of drunk driving since 2006, but also the defendant was sentenced to a suspended sentence of six months on February 16, 2012 due to a violation of the Road Traffic Act (driving). In particular, the above judgment became final and conclusive on February 24, 2012, and was regulating the same kind of drunk driving without being aware of it during the current suspended sentence, and in light of the circumstances leading to the instant crime, etc., the nature of the crime is not good, but also the liability for the crime is not weak.

In addition, it was discovered that drinking driving was done in 2009 and 2012, and it is the main body of suspended execution.

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