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(영문) 대구지방법원 2015.07.16 2015고단1353
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 27, 2006, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Goyang Branch of the Jung-gu District Court on September 27, 2006, and was sentenced to 6 months of imprisonment with prison labor for a violation of the Road Traffic Act at the Daegu District Court on January 26, 201.

On March 21, 2015, at around 10:35, the Defendant driven C Poter Cargo under the influence of alcohol content of about 0.190% at the section of about 35km in the direction of Incheon in the Young-dong Highway, which is located in the Jin Chang-gun of Gangwon, from the site office of Section 8 of the High-Speed Railroad, to the point of 166.8km in the Gudong Highway, which is located in the Jinwon-gun of Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Reporting on the arrest of a criminal suspect in violation of the Road Traffic Act;

1. Previous convictions: Application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was found to have been discovered in the course of driving a vehicle in a state of detention, even though the Defendant had been sentenced two times to imprisonment due to drunk driving since 2006, even though he had a previous record of serving two times due to drunk driving.

It is found that the cargo vehicle suspected of drinking driving was exposed to the virtue of 112 Report, which is being in operation, and in particular, considering that the defendant was driving on an expressway at the time, the possibility and risk of criticism is very high.

A sentence shall be imposed on a defendant in consideration of the above unfavorable circumstances.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the Defendant’s late and reflects the mistake; the motive, background, means and methods of the crime in this case; the circumstances before and after the crime in this case; and the age, character, behavior, career, environment, etc. of the Defendant as shown in the argument in this case.

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