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(영문) 대구지방법원 2018.05.25 2018고단1589

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 11, 2007, the Defendant was issued a summary order of a fine of KRW 5 million for a violation of traffic laws at the Daegu District Court, etc., and on May 23, 2014, the Defendant was issued a summary order of KRW 7 million for a violation of road traffic laws (driving), and on August 27, 2015, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (driving) by the same court on August 27, 2015. On May 11, 2017, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (driving), and was sentenced to imprisonment of ten months for a violation of the Road Traffic Act (driving) at the same court on December 14, 2017.

On March 22, 2018, the Defendant driven Cpoter cargo vehicles with alcohol content of about 50 meters at approximately 0.106% while under the influence of alcohol, without obtaining a driver’s license from the front of the Cpoter in about 50 meters from the Cpoter-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul, to the front of the Dpoter-do.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes on the acceptance of individuals, such as inquiries about criminal history, investigation reports (verification of the same kind of force), attached judgments, etc.;

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. The reason for sentencing choice of the sentence of imprisonment is that the defendant has been punished several times for the same kind of crime, that the defendant does not know about the period of repeated crime, that the defendant committed the instant crime without being aware of the period of repeated crime, that the defendant reflects the defendant, and that the defendant's age, sex, environment, and motive and motive of the