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(영문) 대구지방법원 김천지원 2016.08.10 2016고단569
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On April 2, 2016, the Defendant: (a) was sentenced to imprisonment for six months and three years of suspension of execution; (b) on May 16, 2014, the judgment becomes final and conclusive on April 2, 2016, from the front day of the Chocheon-dong in Kimcheon-si to the front day of the same Simnwon Oil Station located in the same city peacedong to approximately 0.061% alcohol concentration in blood; and (c) on May 8, 2014, the Defendant was under detention in the court on April 27, 2016, for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death or Injury) in the Daegu District Court Kimcheon-do branch of the Daegu District Court on May 8, 2014; and (d) the judgment on suspension of execution becomes final and conclusive on May 16, 2014; and (d) the Defendant was currently under detention in the same court on the Road Traffic Act.

Criminal facts

Despite the fact that the Defendant violated Article 44(1) of the Road Traffic Act twice, on April 21, 2016, the Defendant driven a E-Ra-type car under the influence of alcohol with approximately 800 meters alcohol concentration of 0.074% from the section of approximately 800 meters, from the front of the Jin-style restaurant located in Kimcheon-si, Kimcheon-si to the front road located in the same Sincheon-si.

Summary of Evidence

1. The defendant's statement at court (2016 highest 569);

1. Reference to the circumstantial report of the driver of a driving school and the results of crackdown on drinking driving; "2016 Height 712"

1. A written statement about the results of crackdown on driving under drinking and the situation of the driver under driving under drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: Each of the crimes in this case is limited to those committed during the period of suspension of execution for the same kind of crime, and is not good enough to be committed.

Moreover, the Defendant on April 2, 2016.

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