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(영문) 대구지방법원 경주지원 2017.09.27 2017고단613

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On October 9, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court, and on July 9, 2009, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act. On June 12, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act by the same court on June 12, 2014. On February 2, 2017, the Defendant was sentenced to a suspended sentence of 1 year for a crime of violating the Road Act at the sexual support of the Daegu District Court, which became final and conclusive on February 10, 2017.

[2] On April 24, 2017, at around 10:30, the Defendant driven Cpoter cargo under the influence of alcohol with about 25km alcohol concentration 0.132%, without obtaining a driver’s license, from the front side of the office in Busan Metropolitan City, to the road at a point 110km away from the front side of the office in Gyeonggi-si to the road located in the Sinsan-si, Jin-si, Gyeonggi-do.

As a result, the Defendant again driven a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act, who violated the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order, etc.);

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. Not only has a large number of identical records to the defendant for the reason of sentencing selective punishment, but also has been sentenced to the same suspended sentence on or around February 2017, the second crime of this case is committed.