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(영문) 대구지방법원 김천지원 2017.07.18 2017고단367
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On May 14, 2008, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court (Seoul District Court). On November 22, 2010, the Defendant received a summary order of KRW 4,00,000 as a fine for the same crime from the same court. On May 30, 2014, the Defendant received a summary order of KRW 5,00,000 as a fine for the same crime.

[2] On March 22, 2017, the Defendant driven a motor vehicle without obtaining a driver’s license from the front side of the national bank located in 9-45-gil 24-gil 9, as of March 22, 2017, to the 10k section of 0.116% alcohol concentration in blood, from the 10k section of 10km to the road front of the restaurant for Gosi-si 256, while driving a motor vehicle without obtaining a driver’s license.

As a result, the Defendant had been punished more than twice as a crime of violating the Road Traffic Act, but once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the drinking, report on the circumstances of driving without a license, report on the circumstances of the driver driving on the drinking, and inquiry into the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the previous convictions and results of dispositions, text of judgment, and application of each 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 Defendant, on the grounds of sentencing Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds), has been driving a motor vehicle without drinking or without a license, even though the driver’s license was revoked due to drinking.

The defendant has already been subject to criminal punishment four times in total, including imprisonment with labor for the same kind of crime.

However, the defendant is re-competing.

In such circumstances, the defendant's age, sex, family relationship, and crime.

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