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(영문) 대구지방법원 김천지원 2017.06.27 2017고단370
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 28, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 5 million for the same crime in the same court on November 29, 2013.

[2] Notwithstanding the fact-finding record that Defendant 1 had violated Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven a C-ho vehicle under the influence of alcohol concentration of 0.085% without obtaining a driver’s license from the front day of the Jin-gu in the Jin-si, Jin-si, Jin-si, Seoul, around 00:25 on March 16, 2017 to the ocean-going road located in 49-12, Guin-si, Guin-si, Guin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. 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. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, re-driving of the instant motor vehicle, even though he/she was found to have driven a drinking alcohol and the driver’s license was revoked.

The defendant has already been subject to criminal punishment for a crime of violating the Road Traffic Act through three times, and has a history of criminal punishment once for a crime of violating the Road Traffic Act.

However, the defendant reflects on the crime of this case.

There shall be no history of criminal punishment exceeding a fine.

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