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(영문) 대구지방법원 2017.05.11 2017고단807

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant had been sentenced to a suspended sentence of two years in the Daegu District Court on August 2, 2013 due to a crime of violating the Road Traffic Act, and seven million won in the same court on January 17, 2013 due to a crime of violating the Road Traffic Act (drinking), etc., and on December 3, 2015, the Defendant was sentenced to a suspended sentence of one year and six months after being sentenced to a suspended sentence of two years in the same court on December 3, 2015.

Criminal facts

On December 26, 2016, at around 13:35, the Defendant driven a B-co-owned truck under the influence of alcohol concentration of about 0.178% while under the influence of alcohol 0.178%, without obtaining a driver's license, at a section of about 1km of the gold-gu pressure level in front of the G-si cafeteria, in front of the G-si, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A circumstantial statement and an appraisal statement;

1. The automobile license ledger;

1. Previous convictions: References to inquiries, investigation reports, and application of the text of the judgment, such as criminal history;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant’s crime was committed late following the Defendant; (b) the Defendant had already been punished several times for the same kind of crime (including three times of the suspension of execution); (c) the Defendant was sentenced to a suspended sentence of one year and six months on December 3, 2015 for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and was committed the instant crime without being aware of it during the suspended sentence of one year and six months; and (d) the instant crime was committed during the suspended sentence of two years on December 3, 2015; and (e) the alcohol concentration in blood at the time of driving of the instant drinking was very high and thus, it

In addition, the defendant's family and support relationship, motive for the crime of this case, circumstances after the crime, etc. of this case.