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(영문) 대구지방법원 안동지원 2015.08.04 2015고단368
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On September 13, 2006, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on September 13, 2006, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court Branch of the Incheon District Court on October 10, 2006, respectively. On July 11, 2014, the Defendant was sentenced to a suspended sentence of two years for a suspension of execution on July 19, 2014, and the said judgment became final and conclusive on July 19, 2014.

【Criminal Facts】

On May 18, 2015, the Defendant driven a E-observer car under the influence of alcohol level of about 0.091% in the section of about 6km from the discussion owned by D around the C cafeteria located in the C cafeteria located in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the internal intercourse located in the same military in the enclosed e-Eup.g., the Defendant driven a E-observer car under the influence of alcohol level of about 13:25.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. The circumstantial statement of the employee;

1. Inquiry the results of the drinking driving control;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (A), and statutes;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., favorable circumstances, etc., among the reasons for sentencing following the sentencing) has been punished several times due to drunk driving, and the defendant committed the same crime again even though he was under suspended sentence due to the same crime.

Despite the continued punishment, as the defendant repeats his/her drunk driving, it is inevitable to pronounce a sentence.

However, in light of the favorable circumstances such as the defendant's wrong attitude against the defendant, the defendant's age, character and behavior, environment, motive, means and result of the crime, etc. as shown in the pleading, the sentence like the order was determined in consideration of the circumstances after the crime.

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