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(영문) 대구지방법원 경주지원 2012.12.14 2012고합153
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 3, 2009, the Defendant was released on December 24, 2009, when he was sentenced to one year of imprisonment for a violation of the Road Traffic Act, etc. at the Ulsan District Court, and on February 1, 2010, the remaining term of imprisonment has expired. On September 28, 2012, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Ulsan District Court.

On June 7, 2012, at around 22:47, the Defendant driven a C-learning car in the state of alcohol alcohol concentration of about 0.240% from the 2km section from the front side of the 1stm village of the Ye-dong, Dong-dong, Chungcheongnam-si to the front day of the front day of the Ye-dong, Ye-dong, Ye-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and confirmation of judgment) Acts and subordinate 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 defendant, who has been sentenced to a punishment on multiple occasions due to a drunk driving, suspended sentence, and sentenced to punishment, as well as the records of the crime of this case due to a repeated crime under Article 35 of the Criminal Act among repeated crimes, is not only poor in the nature of the crime of this case, but also poor in the nature of the crime of this case during the period of a repeated crime due to a drunk driving, the road traffic act has been amended, the punishment for a drunk driving has been strengthened, the defendant's age, character and behavior, environment, the motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., shall be determined as the sentence of this case by taking into account all the sentencing factors indicated in the records.

It is so decided as per Disposition for the above reasons.

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