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(영문) 대구지방법원 김천지원 2017.06.22 2017고단42

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 26, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon-cheon Branch on the part of the Defendant. On April 30, 2013, the Defendant received a summary order of KRW 1.5 million as the same crime in the same court on April 30, 201, and was sentenced to a summary order of KRW 1.5 million as the same crime in the same court on December 12, 2013.

Nevertheless, on December 31, 2016, at around 22:20, the Defendant driven a C-wing truck under the influence of alcohol leveling 0.119% while under the influence of alcohol leveling 0.119%, without obtaining a driver’s license from the front side of a mutually influent restaurant to the front side of the National Bank located in the same Jinyeong-dong.

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 (A or revocation of license);

1. Application of an inquiry letter, such as criminal history, and an investigation report (six-time confirmation of suspect's non-licensed driving power) statute;

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 full view of all the circumstances revealed in the arguments, such as the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the timing for the crime; (c) the degree of alcohol measurement; and (d) the amount of fine three times by driving without a license in 2015 to 2016; and (c) the sentence is determined as ordered by the Disposition.