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(영문) 대구지방법원 서부지원 2019.05.23 2018고단3523

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 25, 2008, the Defendant received a summary order of KRW 1 million for the crime of violation of the Road Traffic Act from the Suwon District Court on the site of Pyeongtaek District Court on April 25, 2008, and a summary order of KRW 3 million for the same crime, etc. on July 18, 2017 from the Seo branch branch of the Daegu District Court on the same day.

Criminal facts

On November 22, 2018, the Defendant, while under the influence of alcohol at around 06:20% of alcohol concentration, driven Cbenz vehicles at approximately 7 km from the calking near Daegu Seo-gu without a driver’s license to the front road of the same month and Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving (request for collection of blood), report on the circumstances of drinking drivers, blood collection report on drinking drivers, driver's license register, vehicle inquiry, mandatory insurance, response to requests for appraisal;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order for related cases), and application of Acts and subordinate statutes concerning summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the instant crime is committed by the Defendant, while driving a vehicle under the influence of alcohol, and is suspended on several occasions from patrols of the police.

In light of the fact that the blood alcohol concentration of the defendant at the time is considerably high to 0.290%, it is not good that the crime was committed in light of the fact that the blood alcohol concentration of the defendant was considerably high to 0.290%.

In addition, the Defendant, while drinking alcohol and driving without license, did not know about the history of criminal punishment several times due to drinking and driving without license, again committed the instant crime.

Drinking driving is not only the driver but also the driver.