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(영문) 대구지방법원 2018.01.11 2017고단6169

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 15, 2008, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic laws at the Daegu District Court, etc., and on February 22, 2012, the Defendant was sentenced to a suspended sentence of three years for a period of ten years for a violation of road traffic laws at the Daegu District Court.

On November 1, 2017, the Defendant driven a Cmaz car under the influence of alcohol content of about 5 km up to 0.110% while under the influence of alcohol content of at least 0.110%, without the driver’s license, on the side side of the 73rd mountain village in the same city, in front of the rewing sublima field owned by pro-gu in Busan Metropolitan City B.

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. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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 Act on Reduction and Exemption of Small Quantity refers to the defendant's act of traffic-related crimes at a latest, but it is inevitable to punish him/her because he/she has already been punished more than three times, including three suspended execution for traffic-related crimes, even though he/she had already been punished more than three times.

In addition, the grounds for various sentencing specified in the pleadings of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined as per the order.