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(영문) 대구지방법원 2017.05.18 2017고단350

도로교통법위반(음주운전)등

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was notified of a fine of KRW 1 million for a crime of violating road traffic laws (drinking driving) in the Seoggu District Court’s branch branch on January 18, 2013, and was notified of a fine of KRW 4 million for a crime of violating road traffic laws at the Daegu District Court on March 6, 2015.

Defendant 2, as seen above, has violated Article 44(1) of the Road Traffic Act more than twice, Defendant 2 driven a BN city car under the influence of alcohol 0.142% in the 50-meter section from the e-gu Mandong-gu, Daegubuk-gu, Daegu-gu, on January 5, 2017 to the front of the Mandong high school located in the same Do, without obtaining a driver’s license from around 500 meters in the 500-meter section from the e-gu Mandong-gu, Daegu-gu, Daegu-gu, Seoul-gu, and without obtaining a driver’s license.

Defendant 1, as seen above, was in violation of Article 44(1) of the Road Traffic Act at least twice, and was driving a BNS car on March 19, 2017 at a two-lane section of approximately two kilometers until the road in front of the official market located in Daegu-gu, Seo-gu, Daegu-gu, Seoul-gu, the two-lanes of which were under the influence of alcohol content 0.131% while under the influence of alcohol without the driver’s license to the road in front of the official market located in the same Gu.

Summary of Evidence

[2017 Highest 350]

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. License register (2017 Height 1599);

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers who take driving and the results of crackdown on drinking driving;

1. The automobile license ledger (previous record of judgment);

1. Application of a reply to inquiry, such as criminal history, report on investigation, and summary order-making statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act 1.