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(영문) 대구지방법원 김천지원 2018.02.21 2017고단1705

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 April 14, 2011, the Defendant received a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon-cheon, and on January 19, 201, the Defendant received a summary order of 4 million won for the same crime from the same court and received a fine of 4 million won for the same crime on two occasions.

Nevertheless, around 03:45 on October 15, 2017, the Defendant driven Cone Star Cargo with about 30km alcohol concentration 0.082% while under the influence of alcohol in blood without obtaining a driver’s license from the front of the non-cafeteria of the trade name in the long-term town of the Daegu-si, Daegu-si to the branch of about 155 km on the road in the old-si Sinsi-si.

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 an inquiry letter, such as criminal history, and an investigation report (verification twice the history of fine driving by a suspect)-related 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. 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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished three times due to driving without a license for drinking alcohol, and (b) the Defendant again committed the instant crime while his license was revoked due to driving without drinking alcohol; (c) the Defendant is against the Defendant; (d) the Defendant appears not to drive a vehicle; and (e) the Defendant has no criminal record of probation or higher, etc.; and (e) the fact that the Defendant has no criminal record of probation or higher, etc. are considered as favorable circumstances; and (e) the order is given by comprehensively taking into account all other factors such as the Defendant’s age, sexual behavior, environment, motive, means