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(영문) 대구지방법원 경주지원 2018.04.25 2018고단240

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to ten months of imprisonment on September 29, 2009 for a violation of road traffic law in Daegu District Court and racing support. On October 16, 2013, the Defendant was sentenced to imprisonment for a violation of road traffic law, etc. on five occasions more than five times in criminal records of a violation of road traffic law other than those sentenced to six months in the same court due to the same crime, etc. on October 16, 2013. On October 26, 2017, the Defendant was sentenced to one year of imprisonment and two years of a suspended sentence, and the said judgment becomes final and conclusive on November 3, 2017, and is still under the suspended sentence.

[Criminal facts] On January 27, 2018, the Defendant, at around 20:10, driven a broadband car without obtaining a driver’s license in the section of approximately 1m of the D cafeteria road in front of the D cafeteria, on January 27, 2018, while under the influence of alcohol content of 0.203% during blood, while driving a broadband car.

As a result, the Defendant, who violated the prohibition on drinking under the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license in violation of the prohibition on driving under the above alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. AF statement and a G statement;

1. Investigation reports (the details of telephone conversations between wooden persons) and investigation reports (the details of telephone conversations between the owner of a vehicle and the other party of the vehicle);

1. Statement of the circumstances of a driver who is placed in driving, investigation report, notification of the results of regulating the driving of drinking, inquiry into the results of regulating the driving of drinking, and the register of driver's licenses;

1. Previous convictions: Inquiries about criminal history, investigation reports (investigation into the suspect's drinking records), inquiry about the results of crackdown on drinking driving, investigation reports (verification of the criminal records of the suspect), one copy of the same military records and the summary order, investigation reports (verification of the facts under probation period), and one copy of the inquiry about summary information of the case; and application of Acts and subordinate statutes of one copy;

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. Imprisonment with prison labor chosen;