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(영문) 대구지방법원 2015.06.25 2015고단1720
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 9, 2007, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act, and on November 1, 2007, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution by the Daegu District Court for the same crime. On June 29, 2012, the Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspended execution by the same court.

On March 15, 2015, at around 18:15, the Defendant driven a D-wing truck with approximately 150 meters section from the front day of the chemical conference located in Mandong-gu, Mandong-gu, Mandong-gu, Chungcheongnam-do to the front day of the Manan Eup office located in the same Ri, while under the influence of alcohol by 0.182% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of crackdown on drinking driving;

1. Previous records: Criminal history records and other inquiry reports, investigation reports (verification of the date of release from a court, list of relevant cases, attachment of a copy of judgment), application of statutes of judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) although the Defendant had a record of being punished for driving under the influence of alcohol several times, he/she also driven under the influence of alcohol.

In particular, since the defendant was under the suspension of two times due to drinking driving, and was under the influence of drinking, it is inevitable to sentence a sentence.

However, in full view of the fact that the defendant is against the nature of the crime of this case, and the motive, means and result of the crime of this case, circumstances after the crime, age, character and conduct of the defendant, family environment, etc., the sentence of punishment as ordered is imposed as above, but there is no reason for detention such as fear of escape, etc. Therefore, the statutory detention is not required

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