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(영문) 대구지방법원 2018.05.03 2018고단533
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on December 7, 2017, was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act, and was sentenced to a suspended sentence of two months on December 15, 2017, and the said judgment became final and conclusive on December 15, 2017, and was under suspension of execution on two or more occasions, such as receiving a summary order of five million won for the same crime from the same court on July 5, 2013.

On December 30, 2017, at around 04:05, the Defendant driven a car with B low alcohol level 0.103% under the influence of alcohol level 0.103%, without obtaining a driver’s license, from the front of the parking lot of a high pressure-level office located in the direction of the pressure level at the time of Busan, to the 760 short distance at the same Si university.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Investigation report (verification of the facts under suspension of execution and the same records), sentence, and application of summary order 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 sentence like the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, and circumstances before and after the crime.

- In addition to four times the history of punishment for the crime of violating the Road Traffic Act (drinking), the crime of this case is recognized, reflectivity, and re-driving of alcohol as much as possible during the suspension period.

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