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(영문) 대구지방법원 서부지원 2018.08.24 2017고단3102

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) from the Seogu District Court Branch on December 24, 2012. On December 30, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating road traffic law (drawing driving) and a crime of violating road traffic law (drawing driving).

Although the Defendant was punished twice as a crime of violating the Road Traffic Act (drinking), on November 9, 2017, the Defendant driven a B-wing truck under the influence of alcohol concentration of 0.169%, without obtaining a driver’s license, at the 1km section from the road front of the Gacheon-gun, Gacheon-gun, Gacheon-gun, Gyeong-gun, Sung-gun, Gyeong-gun, Gyeong-gun, the Gacheon-gun, the front of the Gacheon-gun, Gyeong-gun, Gyeong-gun, the Gacheon-gun, the front of the Gacheon-gun, Gyeong-gun, the front of which is located in the Gacheon-gun, Gyeong

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Making teas;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant, as seen in the previous conviction in the above judgment, has been punished for driving under drinking and non-licensed driving under the influence of drinking, but again, he/she has been driving under the influence of drinking and non-licensed driving under the influence

However, in consideration of all the circumstances, such as the fact that the defendant acknowledges and reflects his mistake, the fact that there is no punishment heavier than a suspended sentence, the circumstances of the crime, and the record of the crime, the sentence is sentenced as ordered.