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(영문) 대구지방법원 김천지원 2017.04.13 2017고단264

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 16, 201, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. in the Daegu District Court Kimcheon-cheon Branch, and on December 4, 2014, issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and on December 7, 2016, issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and on December 7, 2016, the Defendant was sentenced to a suspended sentence of imprisonment for one year due to a violation of the Road Traffic Act (drinking driving) from the support of the Daegu District Court Kimcheon-cheon Branch on December 15, 2016, and

On February 14, 2017, the Defendant, as a person who violated the drinking regulations twice or more, driven Cunst motor vehicle under the influence of alcohol level of about 0.153% while under the influence of alcohol level of about 2km from the front day of the “Sast-si” in the Dong to the front day of the “Sast-si” road located in the same Dong, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (A) (Attachment to the latest summary order and judgment of the suspect) by statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The punishment as ordered shall be determined by comprehensively taking into account the various circumstances shown in the pleadings, such as the fact that a person commits a crime for which punishment is imposed under Article 53 or 55(1)3 of the Criminal Act for the same type of crime for which punishment is to be imposed, such as the degree of drinking alcohol measurement, reflectivity, and the background of the crime;