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(영문) 대구지방법원 2018.05.04 2018고단634
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 26, 200, the Defendant received a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act, and on May 30, 2001, the same court received a summary order of KRW 2,50,000 as a fine for a crime of violating the Road Traffic Act (driving), and on July 12, 2007, the same court received a summary order of KRW 1,00,000 as a fine for a crime of violating the Road Traffic Act (driving), and on September 12, 2013, issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving).

The Defendant is the driver of Lone Star Motor Vehicle B.

On February 5, 2018, from around 18:00 to 18:25 of the same day, the Defendant driven the said vehicle while under the influence of alcohol content of about 0.127% from the blood alcohol content at approximately 20km to the 609-dong 609 parking lot, which is located in the middle-gu 45-ro from the mutual influent restaurant located in Seoyang-gu, Busan Metropolitan City to the lower end of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A previous conviction in judgment: Application of a reply to inquiry about criminal history, report on investigation (a summary order issued in 2007 against a suspect, or a judgment of suspended execution issued in 2013) to statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the defendant has been punished several times for the same kind of crime. In particular, on July 30, 2013, the defendant driving a drinking again while being punished for a traffic accident causing the death of a person while driving a drinking on the same day, the defendant's blood alcohol concentration is high, the defendant's vehicle is left against and scrapped, the defendant's age, sex behavior, environment, motive and circumstances after the crime, etc. are considered in light of the sentencing conditions indicated in the records.

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