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(영문) 대구지방법원 김천지원 2017.12.07 2017고단1335

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

On November 6, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) by supporting the Daegu District Court Kimcheon-cheon on November 6, 2008. On December 29, 2015, the Defendant received a summary order of KRW 1.5 million for the same crime in the same court.

On September 5, 2017, the Defendant driven a motor vehicle driving without obtaining a driver's license in the state of alcohol concentration of about 0.079% from a section of approximately 500 meters around the hotel to the adjacent road of the Gu-U.S.-si, Si-si, Si-si, Si-si, Si-si, and Gu-Si (S.) on September 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Registers of drivers' licenses and details of revocation of drivers' licenses;

1. Previous convictions: A reply to inquiry, such as criminal history, each disposition, previous convictions, and application of each summary order Acts and subordinate statutes;

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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the record of the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the time of the crime, the measurement of drinking of this case, the background and reflect of the crime, the fact that there is no criminal record exceeding the fines of the same kind, the age, sexual behavior, environment, etc.