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(영문) 대구지방법원 김천지원 2017.05.16 2016고단1666
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 1, 2016, the Defendant driven a B SP car under the influence of alcohol content of about 10km from the front side of the relevant Non-PP house, which is located in the seat of the Gyeongdong-gun, GWD around 01:35 on November 1, 2016, to the front side of the flow distance in about 4 U.S. as Gumi-si., the Defendant driven a B SP car under the influence of alcohol content of about 0.107%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the circumstances of driving a drinking driver, reports on the circumstances of a drinking driver, and inquiries about the results of regulating drinking;

1. The Defendant committed the instant crime without being aware of the fact that he was sentenced to a three-year period of probation due to the crime of rape, etc. committed in Seoul High Court around 2015, under Article 148-2(2)2 and Article 44(1) of the Road Traffic Act regarding the relevant criminal facts, and Article 148-2(2)2 and Article 44(1) of the Road Traffic Act regarding the selective sentencing of imprisonment.

Defendant was sentenced to imprisonment in the first instance court due to the crime of rape, etc., and was tried by the appellate court, and was sentenced to a fine for driving alcohol once even at the time when the trial was in progress.

The Defendant was found to have been driving without a license on the day of the first trial in the instant case.

However, the defendant reflects the crime of this case.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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