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(영문) 대구지방법원 2018.10.24 2018고단3693
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on April 16, 2009, issued a summary order of KRW 1 million for a crime of violating the Traffic Act (drinking driving), a fine of KRW 2 million for the same crime at the same court on June 14, 2013, respectively, and on December 14, 2017, issued a summary order of KRW 2 million for the same crime. On December 14, 2017, the same court was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and a crime of violating the Road Traffic Act (drinking driving) on December 22, 2017.

On February 2, 2018, the Defendant driven a B-car without obtaining a driver’s license in the direction of approximately 0.081% alcohol concentration in blood from the 1km section of the 1km road in front of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

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. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions in the judgment: A reply to inquiry about criminal history, a criminal investigation report (Attachment to the same type of judgment, etc.), the text of the judgment, and the application of the summary order statutes;

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. The reason for sentencing under Article 53 and Article 55 (1) 3 of the Act on Reduction of Small Amount of Punishment is that the defendant committed the crime of this case during the period of suspension of execution for the same kind of crime, that the defendant has been punished for the same crime (three times of the violation of Road Traffic Act (driving) and one time of the violation of Road Traffic Act (one time of the violation of the Road Traffic Act)), that the defendant reflects the defendant, and that the defendant's age, sex is other.

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