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(영문) 대구지방법원 2018.04.12 2018고단343
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On October 23, 2008, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of road traffic laws in the Seogu District Court Branch of the Daegu District Court, and on May 16, 2013, the Defendant was sentenced to two years of suspension of the execution for six months of imprisonment with prison labor for a violation of road traffic laws.

On January 9, 2018, at around 02:10, the Defendant driven a Chive-p motor vehicle under the influence of alcohol content of 0.125% in alcohol, from the front road of Jeongdong-gu, Daegu to the front road of the Won-dong, Daegu Northern-dong to the front road of the original discount fright in the Daegu Northern-dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Written inquiry about criminal history, etc.;

1. Application of investigation reports (the attachment of criminal suspect's previous conviction and a copy of judgment);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following: (a) the Defendant, despite the fact that the Defendant was punished for violating the Road Traffic Act (driving alcohol) six times, has a high probability of undermining the instant crime; and (b) the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, etc., comprehensively takes into account the following factors: (c) the Defendant’s age, occupation, sex, family relationship, and other conditions of sentencing as indicated in the records.

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