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(영문) 대구지방법원 2017.10.19 2017고단2620
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 9, 2008, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic law in the Seo-gu District Court Branch of the Daegu District Court. On April 8, 2008, the Defendant was sentenced to a fine of four million won for the same crime, etc. in the same court on April 8, 2008. On May 18, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime in the Daegu District Court and was sentenced to two years for a suspended sentence of two or more.

[2] On April 25, 2017, around 17:40, the Defendant driven B car under the influence of alcohol level of 0.206% while under the influence of alcohol level of 0.206%, without obtaining a driver’s license from the 1km section of approximately 1km, as it was in the vicinity of the Pacific-gun of the Pacific-gun, Pacific-gun, Pacific-gun, Pacific-gun, from around 1125, in the direction of why the Defendant was in charge of management to the Pacific-gun, Pacific-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A response letter, a driver's license ledger, and a written inquiry about the results of crackdown on drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) are as follows: (a) the punishment is determined as ordered in light of all the following circumstances; (b) the age, sex, family relation, family environment; (c) motive and means of the crime; and (d) the motive and means of the crime; and (c) the various conditions of sentencing specified in the instant records and arguments, including the circumstances after the crime.

The defendant was punished by a fine on three occasions (two times in 2008, one time in 2016) for the same crime and was investigated by an investigation agency on June 9, 2016 by committing the same crime (in response, the defendant was investigated by the investigation agency on May 18, 201).

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