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(영문) 대구지방법원 포항지원 2017.03.23 2017고단69
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the port support of the Daegu District Court on January 2, 2007, and a summary order of KRW 4 million for the same crime in the same court on January 2, 2009, and was sentenced to a summary order of KRW 4 million for the same crime on October 31, 2013 by the same court on October 31, 2013.

[2] Although Defendant 1 had had a record of driving alcohol twice or more as above, Defendant 2 driven B-do car under the influence of alcohol with approximately 0.21% of alcohol concentration at a section of about 150 meters from the day before the mutual influence point in the south-gu Sea-dong, Nam-gu, Chungcheongnam-gu, and at the port of port from November 24, 2016 to the east-gu, south-gu, Dongdo-do-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry, inquiry report (formers and attachment of the judgment, etc.) and statutes;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the defendant was sentenced to a suspended sentence on several occasions due to drinking driving, etc., but the period of the suspended sentence expires, and that the defendant repeats again upon the lapse of the period of the suspended sentence, and that the amount of alcohol concentration in blood at the time of driving is very high, the sentence is deemed inevitable and the sentence is determined as per the disposition.

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