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(영문) 대구지방법원 2018.09.06 2018고단2238

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant, in the Daegu District Court Kimcheon-cheon support on May 11, 2007, was sentenced to a fine of KRW 2.5 million for a crime of violating road traffic law, a fine of KRW 2.5 million for the same crime in the same court on December 5, 2008, and a fine of KRW 2.5 million for the same crime in the Changwon District Court Msan Branch on October 5, 2016 and sentenced to a suspended sentence of KRW 2 years for the same crime on October 13 of the same year for which the judgment became final and conclusive and conclusive on October 13 of the same year, and driving a drinking twice or more for the same kind of power, other than for the period of suspended execution.

[2] On April 28, 2018, the Defendant, without a driver’s license, driven a D salary class-III truck from the front side of the C Hospital located in Daegu Jung-gu, to the front side of the Gangu, while under the influence of alcohol of 0.050% of alcohol during blood, at around 06:55 on April 28, 2018.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Details of driver's license revocation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of the same kind, etc. and confirmation during the period of suspension of execution);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the 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. In light of the reasoning for sentencing under Article 53 and Article 55(1)3 of the Criminal Act, the Defendant was punished several times, including imprisonment with prison labor due to drinking driving and non-licensed driving, and the Defendant committed the instant crime without being aware of the period of suspension of execution due to drinking driving, etc., the Defendant shall be sentenced to imprisonment with prison labor.