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(영문) 대구지방법원 경주지원 2016.04.28 2015고단1074
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 7, 2008, the defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Daegu District Court on the same day, and on August 14, 2013, the defendant was sentenced to a summary order of a fine of four million won for the same crime in the Daegu District Court on the same day and on August 14, 2013, and was sentenced to a penalty of two or more times for a violation of the Road Traffic Act.

Nevertheless, on November 21, 2015, at around 21:55, the Defendant driven a ra vehicle while under the influence of alcohol 0.054% of alcohol content in the 2km section from the 2km section to the Folk craft in the front side of the Gara Do-dong from the Gara Center, which is located in the Sinsi-si, Pel-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a suspected victim of violating the Traffic Act on the road, a report on detection of a driver engaged in driving, a report on the circumstances of a driver engaged in driving, and an inquiry of the results of crackdown on driving under drinking;

1. Previous convictions: (A) a response to inquiries, such as criminal history, (A), a report on investigation (verification of suspect's records of drinking alcohol and punishment for non-license), six copies of a summary order, and a copy of the judgment, and the application of one of the statutes applicable;

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 sentencing of Articles 53 and 55(1)3 of the Criminal Act (including the fact that the criminal defendant repents his/her wrongs) is that the criminal defendant is divided into his/her wrongs.

However, despite the fact that the defendant had been sentenced to a fine more than three times due to a violation of the Road Traffic Act (drinking driving), the defendant committed the crime of this case.

B. On July 15, 2014, as a crime of violation of the Road Traffic Act (unlicensed Driving), five months of imprisonment was sentenced to a suspended sentence, and two years of a suspended sentence were imposed on August 15, 2015, and the sentence was committed in the instant case on August 15, 2015.

In addition, the defendant has been punished several times due to the violation of road traffic law (unlicensed driving) and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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