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(영문) 대구지방법원 김천지원 2017.10.31 2016고단1882

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal history] On November 15, 2007, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic law at the Daegu District Court, and was sentenced to six months of imprisonment and two years of suspended execution due to the same crime at the Daegu District Court on January 31, 2008. On June 1, 201, the Defendant was sentenced to eight months of suspended execution and two years of suspended execution and two years of suspended execution. The Defendant was sentenced to six months of imprisonment and two years of suspended execution for the same crime at the Daegu District Court on March 27, 2014.

On July 10, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for forced indecent act at the Daegu District Court on July 10, 2015 and completed the execution of the sentence on August 15, 2016.

[Criminal facts] 2016 Highest 1882

1. Although the Defendant had been subject to punishment twice or more due to driving of alcohol as above, he driven CK5 cars in the state of alcohol alcohol content of 0.151% from a place where it is impossible to know at around November 19, 2016, at around 04:49, at around 04:49, to the front of the CU convenience store located in 24:11, as the old Sinsi Lake, from a place where it is impossible to know at around 19, 2016.

"2017 Highest 1327"

2. Notwithstanding the fact that the Defendant had been punished twice or more due to drinking driving as above, the Defendant driven CK5 car at approximately 800 meters from the 15:5 on March 11, 2017, without obtaining a driver’s license, while under the influence of alcohol content of 0.184% in blood, and from the 106 U.S.-dong, the Defendant driven CK5 car at approximately 800 meters from the 106 U.S.-dong, U.S.-dong, Seoul Special Metropolitan City to the road near the 106 U.S.-dong.

Summary of Evidence

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (the same criminal record), investigation reports (the report on the confirmation of the date of release from the military court), and "2016 order 182";

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Photographss and CCTV photographs related to drinking, referring to 2017 Highest 1327 ";

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

1. Criminal facts;