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(영문) 대구지방법원 서부지원 2018.09.12 2018고단648

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On July 6, 2015, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Daegu District Court on July 6, 2015, including a fine of KRW 1 million, and a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Seo-gu District Court on October 27, 2015.

On January 20, 2018, the Defendant driven a BM520 vehicle under the influence of alcohol concentration of 0.085% from the front of the 875 Man-ro 206 Dong-dong, Seogu, Seo-gu, Daegu, without a driver’s license, to the front of the 206 Dong-dong, Seocheon-ro 500 meters-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of previous convictions and judgment);

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already been punished by a fine due to drinking or non-licensed driving on five occasions, and the crime of this case has already been committed at the same time, and the drinking value is not low, and the defendant is against the situation when committing the crime of this case, there is no record of punishment exceeding the suspended execution, and other circumstances, such as the defendant's age, sex, sex, environment, motive, circumstances, means and consequence of the crime, etc., and the conditions for sentencing specified in the arguments of this case, including the circumstances after the crime, etc., shall be determined as ordered by the order.