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(영문) 대구지방법원 서부지원 2017.11.10 2017고단2166
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Force” On February 3, 2016, the Defendant was sentenced to a fine of six million won for a crime of violating road traffic law in the Seo-gu District Court’s Seo-gu branch branch on February 3, 2016, and was sentenced to a suspended sentence of six months for the same crime at the Daegu District Court on May 18, 2017.

【Criminal facts, while under the influence of alcohol content of around 03:20 on September 8, 2017, the Defendant driven a B car in the section of about 4 km from the front of the present market located in Seo-gu, Seo-gu, Seo-gu, Seo-gu without a driver’s license to the front road of the certified brokerage office located in Geumho-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, without a driver’s license.

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 a driver who is placed in driving, inquiry of the results of crackdown on drinking, and the register of driver's licenses;

1. A previous conviction: Application of a written inquiry and a written reply;

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 Defendant was sentenced to a fine on several occasions due to drinking and non-licenseing driving. In particular, at the time of the instant crime, the Defendant was not only under the suspended sentence after being sentenced to the same crime at the time of the instant crime, but also under the judgment on suspicion of driving under the influence of alcohol in April of the same year.

In light of these circumstances, although the defendant is bound to be strictly punished, considering the fact that the defendant is against the recognition of the crime of this case, and if the judgment of this case becomes final and conclusive, the defendant will be under long-term confinement including the suspended punishment, it is also ordered as ordered.

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