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(영문) 대구지방법원 김천지원 2018.11.15 2018고단709
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 4, 2007, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. in the Daegu District Court Kimcheon Branch, and on June 2, 2010, the same court issued a summary order of KRW 4 million due to the same crime, etc. on June 2, 201, and on July 27, 201, the Defendant was sentenced to a suspended sentence of six months for the same crime, etc. on the same court, and was issued a summary order of KRW 8 million for the same crime at the same court on August 17, 2017.

Although the Defendant had a history of violating the prohibition on drinking alcohol driving regulations at least twice, on May 19, 2018, the Defendant driven a E-Poter vehicle at the section of approximately 100 meters from the old and American apartment to D in front of the road located in C, without obtaining a driver’s license on around 01:10 on May 19, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver in charge of drinking, inquiry of the results of crackdown on drinking driving, and closure of CCTV for crime prevention;

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

1. Application of replys to inquiries, such as criminal history, investigation reports (the same type of previous conviction and confirmation), and 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 following facts are established: (a) five times the person was sentenced to a suspended sentence of imprisonment due to drinking under Article 53 and Article 55(1)3 of the Criminal Act; (b) the blood content of the instant blood is high (the degree of alcohol content in the blood transfusion before driving under the influence of alcohol in 2017 is 0.237%); (c) the person reflects the nature of the blood alcohol level in 2017; (d) the details of the relevant crime; (e) the background of the relevant crime; (e) the Defendant’s character and conduct; and (e) the relevant sentencing conditions, such as family relationship, shall be determined as the order.

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