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(영문) 대구지방법원 포항지원 2017.02.08 2016고단1511
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On June 13, 2007, the Defendant was sentenced to 10 months of imprisonment or 2 years of suspension of execution due to a violation of road traffic law in the Port Branch of the Daegu District Court on the following grounds: (a) on April 1, 2010, the Defendant was sentenced to a summary order of a fine of 2 million won in the same court as the same crime; (b) on June 12, 2014, the Defendant was sentenced to a fine of 5 million won in the same court as a crime of violation of road traffic law (drinking), and on July 13, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution as of July 21, 2016, and is currently under suspension of execution.

Although the Defendant had been punished twice or more due to drinking driving as above, on September 14, 2016, the Defendant driven a Cunstun vehicle under the influence of alcohol concentration of about 0.310% in the section of approximately 70 meters for the first apartment complex located in the middle of the third apartment complex in the north-dong at the time of the port at the port at the port of the port at the time of the port at the same time, around 16:45, Sep. 14, 2016, while under the influence of alcohol concentration of about 0.310% in front of the apartment complex at the time of the port.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. A traffic accident report;

1. Written consent to blood collection and written appraisal of alcohol during blood transfusion;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgments of the same kind as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Although the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant’s mistake reflects his or her social relationship, support his or her mother clearly, etc.; (b) the Defendant had a criminal record of driving at least seven times; (c) the Defendant had a criminal record of driving at least two months since the judgment of suspended sentence for the same crime became final and conclusive; and (d) again driving of the instant case due to the absence of two months; and (c) the blood alcohol content was 0.239% even if he or she was in accordance with the breath measurement method.

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