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(영문) 대구지방법원 서부지원 2018.05.01 2017고단2515

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 April 1, 2015, the Defendant received a summary order of a fine of KRW 3 million for a violation of road traffic law (driving in drinking), and on June 12, 2015, the Defendant received a summary order of KRW 4 million for the same crime in the same court.

On September 22, 2017, the Defendant driven BM7 car under the influence of alcohol leveling of about 0.111% from the 500-meter section of blood alcohol level to the same Gu culture from the scopic road located in Seogu-gu, Daegu-gu without a driver’s license, to the same Gu culture.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol more than twice, he again driven a motor vehicle under the influence of alcohol.

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. The driver's license ledger;

1. Making teas;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A) and a copy of the judgment;

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. 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 is that the defendant has been punished several times for the same kind of crime, so there is a need for strict punishment.

However, in consideration of all the circumstances, such as the fact that the defendant acknowledges and reflects his mistake and criminal records, it is ordered as ordered.