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(영문) 대구지방법원 2017.09.07 2017고단4088
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On August 29, 2012, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on July 19, 2012. On July 19, 2012, the same court was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act, and on July 19, 2012, the records of punishment for the same kind of force are more than six times, and on May 2, 2017, the Daegu District Court was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on May 11, 2017.

[2] On May 2, 2017, at around 16:37, the Defendant: (a) driven a vehicle without a driver’s license in a section of about 500 meters from May 2, 201 to around 15, 200-day, Cheongcheon-si, Cheongcheon-si, Cheongcheon-si, without a driver’s license; and (b) driven a vehicle C without a driver’s license in a state of under the influence of alcohol content of 0.30%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver of the main place of business, and statement of the alcohol concentration in blood;

1. The driver's license ledger;

1. Previous convictions: A reply to inquiry, such as criminal history, report on investigation, previous convictions in the same kind, written judgments, and application of statutes governing summary order;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Unfavorable circumstances: (a) the Defendant was sentenced to a suspended sentence of two years on May 2, 2017 due to a violation of the Road Traffic Act by the Daegu District Court on the ground that the Defendant was sentenced to a suspended sentence of two years; (b) the Defendant committed the instant crime on the day of the said sentence; (c) although the Defendant’s symptoms had influenced the cross-border symptoms, the Defendant had a very high alcohol concentration in blood at the time of driving of the instant drinking.

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