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(영문) 대구지방법원 2017.06.22 2017고단2140

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 28, 2014, the Defendant, at the Daegu District Court, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on August 29, 2014, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court, etc. on at least two occasions.

[2] On April 9, 2017, at around 03:37, the Defendant driven B Poter truck under the influence of alcohol content of about 0.110% while under the influence of alcohol without obtaining a driver’s license from approximately 3km section from the front side of the bones Sea State of Jin-si, Sinsan-si to the front side of Samju apartment located in 11 in each Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers who take driving and the results of crackdown on drinking driving;

1. License register;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, the number of times and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and other various reasons for sentencing as shown in the argument of this case, such as the circumstances after the crime, shall be determined as ordered.