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(영문) 대구지방법원 서부지원 2017.10.13 2017고단835

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal history] On August 12, 2009, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic laws at the Seo-gu District Court Branch Branch of the Daegu District Court, and on February 2, 2015, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving).

[2] On April 3, 2017, the Defendant: (a) driven a C-Wed-Wed-Wed-Wed-Wed-Wed-C-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C

As a result, the Defendant violated the prohibition of drinking without a driver's license on two or more occasions, and drives a vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving of alcohol, a report on the circumstances of the driver's license, and the driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although a person was punished for drinking and driving without a license on several occasions including punishment for the punishment of sentencing under Article 62-2 of the Social Service Order and the probationary observation order and education order and the reason for sentencing under Article 62-2 of the Criminal Act, he/she should be punished strictly in that he/she again commits the instant crime, but he/she will dispose of the vehicle

It shall be taken into account the fact that a person has a family member who will support his or her misconduct, such as his or her behavior.