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(영문) 대구지방법원 김천지원 2017.11.14 2017고단1251
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On April 1, 2013, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act from the Daegu District Court Kimcheon, and a summary order of KRW 4 million for the same crime in the same court on December 11, 2015, respectively.

[2] Notwithstanding the fact that the Defendant had been subject to criminal punishment twice or more for the crime of violating the Road Traffic Act (driving of alcohol), the Defendant driven a vehicle with C low-speed typ, while under the influence of alcohol content at approximately 0.085%, without obtaining a driver’s license, from around July 25, 2017 to around the 500-meter radius from the front of the house of the land in Kimcheon-si, Kimcheon-si, Kimcheon-si, Kimcheon-si, Kimcheon-si, Kimcheon-si.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment of judgment, etc.);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has already been subject to criminal punishment for the same crime three times.

However, the defendant is re-competing.

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following factors: Defendant’s age, sex, family relationship, and circumstances after the crime, including the Defendant’s blood alcohol concentration at the time of the instant case.

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