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(영문) 대구지방법원 상주지원 2017.11.14 2017고단393
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of KRW 700,00 for a crime of violation of road traffic law in the resident support of the Daegu District Court on February 19, 2009, and was sentenced to a fine of KRW 2 million for the same crime in the same court on November 9, 2010, and on February 7, 2017, the same court was sentenced to a suspended sentence for one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and a violation of road traffic law (driving). The judgment becomes final and conclusive on February 15, 2017.

[2] On August 11, 2017, around 03:00, the Defendant driven a cub car into F without obtaining a driver’s license from the front of the Defendant’s house located in D, to the front road located in D at the same time, and without obtaining a driver’s license from approximately 1km to the front road in D, and driving a cub car into F while under the influence of alcohol with a 0.204% alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (No. 8 No. 5 of the evidence list);

1. Report on the results of regulating the driving of drinking alcohol and circumstantial statement;

1. The driver's license ledger and the driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List No. 12), copy of the judgment, and other Acts and subordinate 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 grounds for sentencing Articles 53 and 55(1)3 (see the following grounds for sentencing) of the Criminal Act (see Articles 53 and 55(1)3 (see the grounds for sentencing) are recognized and against the accused.

This is a favorable situation.

However, as seen in the first head of the judgment, the Defendant was sentenced to a suspended sentence of imprisonment due to the crime that caused a traffic accident while driving in a drinking condition on February 2017, and the Defendant was sentenced to a suspended sentence of imprisonment on August 11, 2017.

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