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(영문) 대구지방법원 의성지원 2018.07.26 2018고단77

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 18, 2009, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (driving) from the Daegu District Court’s Seongbuk Branch on November 18, 2009, and a summary order of KRW 6 million in the same court on March 31, 2014, respectively.

On April 17, 2018, at around 20:35, the Defendant driven a 1 ton cargo vehicle owned by the Defendant without the driver’s license, while under the influence of 0.11% alcohol in the blood alcohol level from around about 500 meters to front of the materials located in the same Eup/Myeon, in front of the Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, in approximately 500 meters.

As a result, the Defendant, despite the fact that he had violated the prohibition on driving more than twice under the influence of alcohol, once again driven a motor vehicle while under the influence of alcohol, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who takes driving, notification on the results of drinking control, and the register of driver's licenses;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a summary order, and the application of 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing factors indicated in the pleadings of this case, such as the defendant's age, environment, sexual conduct, motive, means and consequence of the crime, etc., under the conditions under Article 62-2 of the Criminal Act, and the reason for sentencing under Article 62-2 of the Criminal Act, shall be determined by comprehensively taking account of the following factors:

The favorable circumstances: The defendant is divided, reflects, and sells the freight in the judgment, and does not repeat again.

The defendant is subject to a fine of six times due to the same crime.