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(영문) 대구지방법원 서부지원 2018.04.24 2016고단2022
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On October 30, 2008, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic law (drinking driving) at the Seog Branch of the Daegu District Court on October 30, 2008, and on November 27, 2015, the Defendant was sentenced to a suspended sentence of one year for a crime of violating road traffic law (drinking driving) at the Seog Branch of the Daegu District Court on November 27, 2015.

Although the Defendant had had a drinking driving force twice or more as above, on October 1, 2016, the Defendant, from the front apartment road in the Seogdong-gu, Daegu-gu, Daegu-gu, Daegu-gu, on the same day, driven a 1 ton cargo vehicle B with a alcohol level of about 300 meters from the 300-meter section to the front road of the apartment, without a driver’s license, under the influence of alcohol level of about 0.068%.

Summary of Evidence

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

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. The driver's license ledger and 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. In light of all the circumstances, such as the fact that the defendant for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of volume had been punished several times for the same kind of crime, re-offending, the receipt of drinking, driving distance, and criminal records, the sentence is ordered as ordered.

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