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(영문) 대구지방법원 2018.08.16 2018고단2769
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On August 8, 2007, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Daegu District Court, and on June 14, 2017, the same court received a summary order of KRW 4 million as a crime of violating the Road Traffic Act.

On May 9, 2018, around 02:05, the Defendant driven a B rocketing car with alcohol content of 0.203% under the influence of alcohol at around 0.203%, without obtaining a driver’s license from the 1km section from the front side of the river in 68-lane 19, Nam-gu, Daegu-gu, Daegu-gu, to the end of 57, the Defendant was seeking to drive a motor vehicle.

As a result, the Defendant, who violated the prohibition of drinking at least twice, driving a motor vehicle again while driving the motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a written inquiry, such as criminal history, and of each 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend lectures: The fact that there are several times of punishment for the same kind of crime, circumstances favorable to the fact that alcohol concentration is high in blood: confessions and reflects the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and other circumstances shown in the arguments of this case, such as the circumstances shown in the arguments of this case, shall be determined as per the order.

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