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(영문) 대구지방법원 김천지원 2018.01.11 2017고단1212

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 7, 2012, the Defendant was sentenced to a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act (driving), etc. on December 11, 2015, and a fine of KRW 5,00,000 to a fine for a violation of the Road Traffic Act (driving), in the support of the Daegu District Court Kimcheon on December 14, 2016, and was sentenced to a fine of KRW 2,00,000 to a fine for a violation of the Road Traffic Act (driving) in the support of the Daegu District Court Kimcheon on January 14, 2016.

Although the Defendant had been punished for driving under drinking more than twice as above, the Defendant driven a D horse with alcohol level 0.164% while under the influence of alcohol without obtaining a driver’s license in the section of approximately two meters prior to the convenience store in Kimcheon-si B around July 18, 2017, at approximately two meters prior to the convenience store in Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of a driver driving a drinking, and a report on the results of crackdown on drinking driving, and a survey report on actual condition;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The punishment as ordered shall be determined by comprehensively taking into account the following factors: the Defendant’s history of drinking alcohol and the time of the crime for sentencing under Article 62-2 of the Criminal Act; the frequency of the crime; the degree of blood alcohol content of the instant case; the background and reflect of the crime; the fact that there is no criminal record exceeding the fine of the same kind; the Defendant’s age, sex behavior, environment, family relationship, etc.;