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(영문) 대구지방법원 서부지원 2018.09.12 2017고단3261

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On May 30, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the Seo-gu District Court’s Branch Branch on May 30, 201, and was issued a summary order of KRW 4 million for the same crime at the Daegu District Court on July 10, 201, and on April 26, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (draw-free driving) at the Seo-gu District Court’s Branch Branch on April 26, 201.

[Criminal facts] On November 25, 2017, the Defendant driven a 50-meter B SM5 vehicle from the front day of the Pacton House in the Seogu Seo-gu, Daegu-gu, under the influence of alcohol content of 0.131% during blood without a driver’s license on November 25, 2017 to the front day of the Pacton House in the Dong-gu, Seogu, Daegu-gu, without a driver’s license.

As a result, the defendant was punished for driving under drinking more than twice, and again was driving under the influence of drinking without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, investigation report, notification of the results of crackdown on the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had had the record of criminal punishment for the same kind of crime over several times, has committed the crime of this case, drinking level is relatively high, and the defendant is under the time of the crime of this case, there is no record of punishment exceeding the fine due to the same kind of crime, and other circumstances shown in the argument of this case are considered.