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(영문) 대구지방법원 2017.10.26 2017고단4856
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On April 30, 2013, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) with respect to the support of the Daegu District Court Kimcheon on April 30, 2013. On November 10, 2016, the Defendant was sentenced to a suspended sentence of KRW 5 million for the same crime at the Daegu District Court on August 18, 2016, and was sentenced to a suspended sentence of KRW 2 years for the same crime, which became final and conclusive on August 18, 2016, and carried out drinking more than five times

[2] On May 15, 2017, the Defendant driven a Cco-sports car under the influence of alcohol content 0.165% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license in a section of about 1km from the front of the restaurant where it is impossible to find out the trade name located in the sublime of the Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

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 an inquiry letter, such as criminal history, and an investigation report (report on confirmation of repeated crimes, etc. of criminal history);

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 reasoning for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) is as follows: (a) considering all the following circumstances; (b) the age, sexual conduct, family relation, family environment; (c) motive and means of the crime; and (d) the circumstances after the crime, etc., as indicated in the instant records and arguments, the order is issued.

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