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(영문) 대구지방법원 김천지원 2018.01.18 2017고단1436
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 17, 2015, the Defendant was sentenced to a violation of the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon-cheon Branch, and on December 8, 2009, the imprisonment with prison labor for the same crime at the Daegu District Court, etc. on June 8, 2009, and on January 14, 2008, the Defendant was sentenced to a suspended sentence of 70,000 won for the same crime and was sentenced to a summary order of 70,000 won for the same crime on at least two occasions.

On August 19, 2017, the Defendant driven a B-hand motor vehicle with alcohol content of at least 0.093% while under the influence of alcohol without obtaining a driver’s license from a section of about 20 meters in front of the Gu-U.S. parking lot located in the same Dong, from the Gu-U.S. Dengu-si, the Gu-U.S. Dengu-si, Seoul, around 05:25 to the front of the Gu-U.S. parking lot in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver's statement, inquiry of the results of crackdown on drinking driving, examination report on the scene of control, and investigation report (related to attaching photographs by attaching CCTV images at the control site and by cutting down images);

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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. On June 17, 2015, in support of the Daegu District Court Kimcheon-cheon Branch, the punishment as set forth in the order is determined by comprehensively taking account of all the following factors: (a) the number of alcohol content in the blood transfusion in the instant case; (b) the degree of alcohol content in the instant case; (c) the background of the relevant crime; and (d) the distance of driving under the influence of alcohol, etc., is relatively short; (d) the Defendant’s age, the Defendant’s age, sexual behavior, environment, family relationship, etc.

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