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(영문) 대구지방법원 서부지원 2017.11.24 2017고단2272

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal history] On June 26, 2015, the Defendant was sentenced to a summary order of a fine of five million won for a crime of violating road traffic laws at the Daegu District Court on the same day, and on May 11, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws at the Daegu District Court on the same day, and was sentenced to a suspended sentence of two years for a violation of road traffic laws at the Daegu District Court on May 19, 2017, and was sentenced to a suspended sentence of two times or more during the period of suspended sentence.

[2] On September 1, 2017, the Defendant, without obtaining a driver’s license at around 02:50 on September 1, 2017, driven a car from about 2 km to the road front of the 190-ro Mac-ro Mac-ro Macro Macro Macro Macro Macro Macro Macro Macro Macro Macro Macro Macro 67 in the state of alcohol concentration 0.19% in blood while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the same type of force and the probationary power);

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. In light of the fact that a large number of reasons for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, there exist records of license and punishment for drinking driving for the reason of sentencing, and in particular, the recidivism was not carried out because it did not reach several months since a suspended sentence was rendered due to drinking driving, and the amount of alcohol concentration in blood is very high, and at the time of detection, at the time of detection, the defendant was locked while driving at one lane, and the risk of accidents was high, the defendant should be punished strictly.

However, if the defendant recognizes the crime of this case and is in depth divided, and if the judgment of this case becomes final and conclusive, the defendant shall be previous.