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(영문) 대구지방법원 김천지원 2018.03.29 2017고단1215
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On April 2, 2015, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act by imprisonment with prison labor for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on November 20, 2015, and the judgment became final and conclusive on November 20, 2015. On June 8, 2012, the court issued a fine of five million won for the same crime, and on March 24, 2010, issued a summary order of 1.5 million won for the same crime at the Daegu District Court on March 24, 2010.

On August 4, 2017, at around 09:17, the Defendant driven a CMW car in the state of alcohol alcohol content of about 0.223% from the 1km section from the front of the Triju, which is located in the Yellow-dong, Sinsi, Sinsi, Sin-si, to the front of the 5-lane 15, Gunsi-dong, Sinsi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Inquiries into the results of crackdown on the driving of alcohol, a statement on the situation of the driver in charge, a report on internal investigation (limited to the statement of a shoter, etc.), and a report on investigation (limited to attachment of photographs by capturing TV images)

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (the confirmation report on the past and the same kind of force as the suspended sentence);

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity include the same criminal history of the defendant, and, in particular, the recidivism during the period of suspension of execution for the same kind of crime (other than the defendant is under suspension of execution after being sentenced to three years of suspension of execution on July 14, 2016), the higher amount of alcohol concentration during blood, reflects the fact that the defendant's personality and behavior, environment, family relationship, etc. are all the factors for sentencing, and the punishment is determined as ordered in accordance with the order.

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