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(영문) 대구지방법원 김천지원 2018.08.23 2018고단681
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 22, 2008, the Defendant was sentenced to a fine of 10 million won due to a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon Branch, and on August 24, 2011, the Defendant was sentenced to a suspended sentence of 2 months for a violation of road traffic law (drinking refusal of drinking), and was sentenced to a suspended sentence of 6 months on December 10, 201, and was sentenced to a suspended sentence of 6 months for a violation of road traffic law (drinking) in the same support on December 10, 2014, and completed the execution of the sentence in the Daegu District Court on June 7, 2015.

On May 29, 2018, at around 19:40 on May 29, 2018, the Defendant driven a F Daecheon 49c Baba, under the influence of alcohol content of about 0.234% at a section of approximately 500 meters before the parking box in front of the Defendant’s residence located in Kimcheon-si C.

As a result, the defendant, despite the fact that he violated the prohibition of drinking driving regulations not less than twice, was driving a drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver's license at home, an investigation report, and an investigation report (to listen to the statement in the G shot light);

1. References to inquiries, such as criminal history, references to each disposition, previous convictions, and application of respective statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the defendant's records of having been punished eight times in total due to drinking driving and refusing to measure drinking, recidivism during the period of repeated crime due to the same crime, the amount of drinking measurement is very high, the degree of drinking measurement is against it, 49cc driving, the defendant's character and behavior, environment, background of the crime, circumstances after the crime, etc., as stated in the order.

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