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(영문) 대구지방법원 경주지원 2016.07.21 2016고단152
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 24, 2008, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law in Daegu District Court and racing support, etc. on September 2, 2010, the Defendant was sentenced to a fine of four million won due to a violation of road traffic law (driving), etc. on September 2, 2010, and the same court was sentenced to a fine of four million won due to a violation of road traffic law (driving), and on February 8, 2011, the Defendant was sentenced to a suspended sentence of two years for the suspension of the execution of eight months for the Defendant.

On March 6, 2016, at around 01:05, the Defendant driven a B low-speed car with alcohol content of 0.090% of alcohol among the blood while under the influence of alcohol from around the top of the 105-12 top of the 1km-si, Yellow-si to the front of the 1stm of the race-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. To inquire about the occurrence report of a case that is suspected to violate traffic laws on roads, notification of the results of regulating the driving of alcohol, report on the circumstances of driving under the influence of alcohol, and the results of regulating the driving of alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports (Attachment to previous rulings related to such previous forces);

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's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (a favorable circumstance, such as a reflective act) of the Act on Reduction of Small Amount and Punishment of Small Amount is that he/she is divided into his/her mistake, and again he/she does not commit such crime.

There are many things.

However, despite the fact that the defendant has been sentenced to a fine on several occasions due to drinking/unlicensed driving, a suspended sentence of imprisonment, and a prison labor, he/she did not properly repent his/her mistake and driving the drinking of this case.

As such, it is necessary to sentence a criminal defendant who has weak awareness of compliance so that the risk of drinking is clearly known, as well as to have the general public receive strict punishment for drinking.

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