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(영문) 대구지방법원 서부지원 2019.06.27 2018고단2779

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On September 14, 2007, the defendant was sentenced to imprisonment with prison labor for 8 months, suspended sentence two years, and imprisonment for violation of the Road Traffic Act at the Seog District Court Branch of Daegu District Court on December 10, 2009, and on December 10, 2009, the same court confirmed on November 19, 201 that the defendant was sentenced to imprisonment for 1 year, and 2 years of suspended sentence for violation of the Road Traffic Act, and it was proved that the same court violated the Road Traffic Act prohibition provisions on two or more occasions.

【Criminal Facts】

On August 6, 2018, at around 11:30, the Defendant driven a DNA cargo vehicle with a blood alcohol content of at least 0.221% under the influence of alcohol without obtaining a driver’s license from the section from around 11:40 to around 650, 11:40, to the front road of the post office having achieved approximately 4 km-ro 650, Daegu-gun-gun (U.S.).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the actual state of a driving driver, report on the actual state of a driving, and inquiry into the results of the drinking control;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the defendant had been punished several times for the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (one time for punishment, three times for suspended sentence of imprisonment, three times for suspended sentence of punishment, and three times for fines), it is inevitable to sentence sentence to the defendant in light of the fact that the defendant had driven under the influence of alcohol in a state without a license, and that the blood alcohol concentration is high, etc.

However, there is a confession that the defendant has led to the crime of this case, and the mistake has been divided.