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(영문) 대구지방법원 2017.07.06 2016고단2524
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 10, 2010, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Daegu District Court on February 10, 201, and a person who was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Seo-gu District Court on April 16, 2015 and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at least twice.

On May 8, 2016, the Defendant driven a vehicle with approximately one kilometer B in front of the Daegu Science High School located in the Daegu Suwon-gu, under the influence of alcohol level of 0.093% during blood without a driver’s license, at around 23:50 on May 8, 2016, under the influence of alcohol level of 0.093%.

Summary of Evidence

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

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history 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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the blood alcohol concentration at the time of the pertinent drinking driving is less than 0.1%. However, on April 16, 2015, the Defendant was sentenced to imprisonment with prison labor for not more than 10 months due to drinking driving, etc. at the Daegu District Court Seo branch, which was sentenced to a suspension of the execution of not less than 2 years and was sentenced to a fine on two occasions during the suspension of the execution, and was sentenced to a fine on two occasions during the suspension of the execution of the sentence, and the Defendant was under the influence of driving under the influence of a drinking without a license, other unfavorable circumstances, such as the Defendant’s age, family and support relationship, motive for the relevant crime, and circumstances after the crime, etc., the sentence as set forth in the Disposition shall be determined as above.

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