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(영문) 대구지방법원 서부지원 2016.09.22 2016고단1600
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence for eight months on September 26, 2013 due to a violation of road traffic law at the Daegu District Court, etc., and the said judgment became final and conclusive on October 5, 2013. On August 28, 2014, the Daegu District Court was sentenced to eight months of imprisonment for a violation of road traffic law at the Daegu District Court on August 28, 2014, and the said judgment became final and conclusive on May 13, 2015, and the said judgment became final and conclusive on May 26, 2015, and has a total of six hours of driving alcohol at the Daegu District Court as well as the completion of the execution of the final sentence at the Daegu District Court on April 26, 2016.

(1) On July 11, 2016, the Defendant was under the influence of alcohol level of 0.092% among blood transfusions on July 22:18, 2016, and was driving a Cknife vehicle at approximately 700 meters on the front of a mutually influent restaurant located in the long-term dong of Daegu-gu, Seogu, on the front of the same Gu-gu cafeteria.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Previous convictions: References to inquiries, such as criminal history, reports on criminal investigations (Attachment of criminal suspect's previous convictions before driving alcohol or judgment), application of Acts and subordinate statutes to report on criminal investigations (verification of invalidation

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 reasons for sentencing under Article 53 and Article 55 (1) 3 of the Act on Reduction and Exemption of Small Amount of Punishment have been sentenced to punishment not less than 20 times for the same kind of crime, etc. In particular, even though the defendant again committed the same crime during the period of suspension of execution, as stated in the previous conviction in the ruling, even though he again committed the same crime during the period of suspension of execution, in consideration of the fact that the defendant again committed the crime in this case due to the failure to commit the same crime for not less than three months after the completion of the period of suspension of execution, the sentence of

However, it appears that the defendant led to the confession and reflect of the crime.

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