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(영문) 대구지방법원 안동지원 2016.04.08 2016고단7
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

On December 30, 2015, the Defendant, while under the influence of alcohol 0.112% during blood transfusion, driven a B beer cruise cruise car from around 500 meters away from the first apartment in front of the 64-19 modern apartment to the front day of the East Sea’s “Dong Sea” at around 92 at the same time-line costs from around 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) include a total of four times of criminal history related to driving alcohol. In particular, among them, the Defendant has been sentenced two times of suspended sentence of imprisonment (2005, 2009). In addition, there are many other past records of having been punished by driving without a license, etc., and in 2010, the Defendant was sentenced to imprisonment with prison labor for six months due to a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Road Traffic Act (after an accident).

However, the defendant committed the crime of this case at the same time. As such, it is judged that it is necessary to actively correct the defendant in a state of isolation with society, rather than giving the defendant an opportunity to correct within society, who appears to have been compared with the general public.

This is an unfavorable circumstance to the defendant.

Meanwhile, in light of the portion of alcohol content (0.1% to less than 0.2%) among the blood subject to regulation of the law applicable to the instant crime, it is difficult to view that the Defendant’s blood content is high among the bloods of the Defendant, and in light of the legal attitude, etc., the Defendant led to the confession of and reflect against the instant crime, and the Defendant’s reflectiveness exists.

The judgment is favorable to the defendant.

In addition, the arguments and records of this case, such as the age, sex, environment, and circumstances after the crime.

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