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(영문) 대구지방법원 2017.11.23 2017고단4648
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 14, 2008, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of a fine of three million won due to a violation of road traffic law (driving), and a fine of three million won due to a violation of road traffic law at the Daegu District Court on May 16, 2014.

[2] On July 11, 2017, at around 20:40, the Defendant driven B low-income motor vehicle under the influence of alcohol concentration of about 0.080% without obtaining a driver’s license from the front of the Dogdong-gun, Young-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) to the front road of the 150 meters wide from the front of the Dogdong-gun, Seoul Special Metropolitan City (Seoul Special Metropolitan City).

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 on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as each criminal history, and of a report on investigation (verification of the same criminal records as the suspect);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the records of this case, such as the age, sex, family relation, family environment, motive and means of the crime, circumstances after the crime, etc., of the following circumstances:

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