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(영문) 대구지방법원 2018.10.25 2018고단4126

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 18, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2 million for the same crime at the Daegu District Court on April 6, 2011, and a summary order of KRW 5 million for the same crime at the same court on April 24, 2015, and on October 13, 2016, the Defendant was sentenced to a summary order of KRW 5 million for the same crime at the same court on October 21, 2016 and became final and conclusive on October 21, 2016.

Defendant

On April 10, 2018, around 19:56 around 19:56, Gyeongdong-gun B driven an EK7 vehicle under the influence of alcohol concentration of about 0.205% while under the influence of alcohol without obtaining a driver's license from about 500 meters from the front of the D University located in Daegu-gu, Seoul to the front of the D University.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Written inquiry about criminal history, etc.;

1. Report of investigation (verification of suspect's records of the same kind);

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. The sentencing conditions, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for the selective sentencing of imprisonment, shall be determined in the same manner as the order, taking into account the following circumstances:

- The records of punishment for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (non-licensed driving), as well as the possibility of criticism for each of the crimes of this case during the suspension of execution, are high.