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(영문) 대구지방법원 2018.05.03 2017고단6780

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On March 2, 2012, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of road traffic law (drinking driving) at the Daegu District Court on December 15, 2016, and on December 23, 2016, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court on December 15, 2016, and was sentenced to a suspended sentence of two years for the same crime on June 23, 2016, and was sentenced to a suspended sentence of six months

[2] On November 21, 2017, the Defendant: (a) driven a Fystren vehicle under the influence of alcohol content 0.057%, without obtaining a driver’s license, from around the front of the Defendant’s house in Yongcheon-si around 20:15 to the 300-meter road in D, and without obtaining a driver’s license.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation during the same type of force and the suspended period);

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 an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances that are favorable to the defendant who once again commits a crime during the period of suspension of execution of the same kind of crime: The confession and reflect of the crime; the driving distance is relatively short; the driving distance is lower than 0.057%; the Defendant’s detention appears to entail excessive difficulty to his family members; and three times out of the drinking driving power.