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(영문) 대구지방법원 김천지원 2018.11.06 2018고단867

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On May 4, 2010, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of road traffic law in the Daegu District Court Kimcheon, and on March 28, 2012, the Defendant was sentenced to a summary order of KRW 6 million for a crime of violation of road traffic law in the same court on March 28, 2012, respectively. On November 29, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of road traffic law in the Daegu District Court Kimcheon-cheon branch of the Daegu District Court.

[2] On May 28, 2018, the Defendant driven a Cben E350-D car under the influence of alcohol leveling 0.163% of alcohol level in the blood, without obtaining a driver’s license, on the 3km section from the singing line front of the sing line, which is located in the sing line in the Gu and Sim-si, to the road front of the semiconductor.

As a result, the Defendant, who had the power of violating the Road Traffic Act (drinking driving) more than twice, once again driven the said vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (report on confirmation of past the suspension of execution);

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. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) of the Act on the Mitigation of Small Quantity is that the Defendant’s blood alcohol concentration is high at the time of the instant case.

The defendant has already been subject to criminal punishment several times for the same crime.

Even though the defendant was sentenced to imprisonment for the same crime and was under suspension of execution, he committed the crime of this case.

However, the defendant's replacement.