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(영문) 대구지방법원 2013.11.07 2013고단4857
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 11, 2010, the Defendant was sentenced to six months of imprisonment with prison labor in the Daegu District Court for the violation of the Road Traffic Act (Refusal of measurement), and completed the execution of the sentence in the Daegu Detention House on November 10, 2010.

Criminal facts

On July 29, 2013, at around 21:39, the Defendant driven Calp vehicle in the state of alcohol with 0.205% alcohol concentration from around 100 meters away from the road in front of the Macheon-dong, Incheon-dong, Macheon-dong, Incheon-dong, to the lower end of the road under the same Macheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement in the circumstances of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions as indicated in the judgment: Criminal history records, replys, Daegu District Court Decision 2009Meu5314, Daegu District Court Decision 2010No1895, and application of Acts and subordinate statutes to the status of personal identification and confinement;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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 for discretionary mitigation is very heavy in view of the fact that the defendant has been a majority of criminal records of the same kind, and even though the defendant is a repeated offender, he/she again committed the instant crime, and that the drinking water is high.

The punishment as ordered shall be determined in consideration of all the normal data shown in the public trial process, such as the defendant's age, occupation and family relationship.

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