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(영문) 대구지방법원 2016.12.08 2016고단4376
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On July 5, 2007, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on the same day, and on January 14, 2014, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving). On April 8, 2016, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) and was sentenced to a punishment of two or more times for a drunk driving by the same court on the same day on April 8, 2016.

【Criminal Facts】

1. Around 05:15 on September 6, 2016, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.185%, and the Defendant driven CK7 car at the section of about 5 km from the street in front of the efficacy distance in the south-gu, Daegu to the front road of the home line 281 to the same name.

2. The Defendant violated the Road Traffic Act at the same time and at the same place as the preceding paragraph, committed all acts, such as signal breach and central intrusion, to avoid the trend of traffic patrol vehicles 41, the Daegu Southern Police Station, which is under drinking control, and caused danger to traffic continuously or repeatedly.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. As to the escape of a drinking-driving vehicle

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (a point of sound driving), Articles 151-2 and 46-3 of the Road Traffic Act (a point of sound driving);

1. From among concurrent crimes, there are favorable circumstances such as the fact that the defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act reflects the crime at latest. However, the defendant has already been subject to criminal punishment over 21 times as a crime of the same kind and a crime of different types, and among which the defendant has already been subject to criminal punishment nine times (including one time of actual punishment and three times of high fines of more than five million won).

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