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(영문) 대구지방법원 상주지원 2016.08.09 2016고단173
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On July 6, 2010, the Defendant was sentenced to eight months of imprisonment for a violation of the Road Traffic Act (drinking) or a violation of the Road Traffic Act (doning without a license) in the resident support of the Daegu District Court on July 6, 2010. On April 15, 2014, the Defendant was sentenced to ten months of imprisonment for a violation of the Road Traffic Act (d on drinking), and completed the execution of the sentence in the Daegu District Court on January 14, 2015.

[Criminal facts]

1. On June 23, 2015, the Defendant driven C Poter truck under the influence of alcohol with approximately 200 meters alcohol concentration 0.221% from the 200-meter section from the clock road located in the boundary of the Dong-si, Gyeong-si, Chungcheongnam-si, Gyeong-si, Gyeong-do, to the same Do-dong Do-dong Do-dong Road.

2. On October 18, 2015, the Defendant, at around 21:00, driven a DNA car with alcohol content of approximately 0.145% while under the influence of alcohol at around 25 meters from the 25-km section from the Nakdongdong-dong Nakdongdong-dong (Sdong-dong), which was located at around 21:00, to the mark-ro 1339, Sim-ro, Sim-do-ro, Sim-do-ro, Simn-dong-dong (hereinafter referred to as the “mar-ro”).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of driving under drinking, inquiry of the results of crackdown on drinking, statement on the circumstances of the driver under driving under drinking, and notification of the results of crackdown on drinking;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to reports on the confirmation of release;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (2) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are several times, and the defendant has been sentenced to punishment due to drinking driving, etc., and the defendant has been released from punishment due to drinking driving, etc. and has committed each of the crimes of this case without being aware of the period of repeated crime even though he was under repeated crime. Therefore, it is inevitable to sentence

However, the sentencing conditions, such as the accused's age, sex, environment, circumstances leading to the offense, means and methods, results, etc., shall be imposed.

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