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(영문) 대구지방법원 2017.12.14 2017고단5800

도로교통법위반(음주운전)등

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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

[criminal history] The Defendant, at the Daegu District Court on August 23, 2007, issued a summary order of a fine of KRW 2 million for a violation of road traffic law (driving), on August 10, 2009, a summary order of KRW 3 million for the same crime in the same court on August 10, 2009, a summary order of KRW 7 million for the same crime in the same court on April 20, 2010, and a summary order of KRW 5 million for the same crime in the same court on July 7, 2017, and driving under drinking at least twice after having been issued a summary order of KRW 5 million for the same crime.

[Criminal facts] On October 11, 2017, the Defendant driven B Clostler’s vehicle under the influence of alcohol level of 0.077% in blood without obtaining a driver’s license from around 6 km section from the diesel slock in Daegu-dong, Daegu-dong, to the roads of the Daegu-dong Drambian guardian, and without obtaining a driver’s license from around 03:30,01.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver of a vehicle driving, the inquiry of the results of crackdown on drinking driving (11th page of evidence), the driver's license register of the vehicle;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes concerned, such as a reply to inquiries, a summary order, etc., such as criminal history;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows, and the age of the defendant.