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(영문) 대구지방법원 김천지원 2017.02.09 2016고단15

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 1.5 million on March 4, 2015, and KRW 5 million on November 19, 2015, by a fine of KRW 1.5 million on the road traffic law in the Daegu District Court Kimcheon support.

Although the Defendant had a history of driving a drinking not less than twice as above, on January 3, 2016, the Defendant driven a B-pon vehicle with approximately 50 meters alcohol concentration at around 0.104% while under the influence of alcohol in the blood, without obtaining a driver’s license, from the third day of the Saturday in the Gui-si Nowon-gu, Nowon-gu, Seoul, to the front day of the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of previous records, such as drinking driving, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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. The third drinking driver without a driver's license for sentencing under Articles 53 and 55 (1) 3 of the Act on the Reduction of Small Quantity, shall be sentenced to punishment as ordered by taking into account the following factors: (a) the third drinking driver is punished for a period of not less than one year without a driver's license for the reason of sentencing; (b) the blood alcohol concentration is high; (c) the present location is unclear; (d) there is no previous conviction other than fines on two occasions; and (e) the Defendant's age, sexual behavior, environment, etc.