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(영문) 대구지방법원 김천지원 2017.10.26 2017고단850

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 June 20, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon, and on March 15, 2017, in the Daegu District Court Kimcheon Support, the Defendant was sentenced to a fine of KRW 5 million on September 15, 2017, and the judgment became final and conclusive on September 15, 2017.

Although the Defendant violated the provisions of the Road Traffic Act (drinking driving) more than twice as above, on May 16, 2017, the Defendant driven BCR 110 Obama in the state of under the influence of alcohol 0.130%, without obtaining a motor device bicycle license from the front of the Public Security Center in the East-si, Seoul Special Metropolitan City, to the front four streets of the Dong-dong High School, around 300 meters from May 16, 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 driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of a case under trial A by a suspect), investigation report (verification of a criminal suspect A's previous convictions in violation of traffic laws), and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 records of the crime indicated in the grounds for sentencing under Article 62-2 of the Criminal Act, and the time of the crime (the period has not yet passed after being sentenced to a fine due to driving under drinking on March 15, 2017), the numerical value of drinking alcohol in this case, the circumstances leading to the crime in this case, and the relation between the final judgment and the subsequent order under Article 37 of the Criminal Act and the crime in this case should be taken into account at the same time when the judgment was received, and the age of the defendant.