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(영문) 대구지방법원 김천지원 2017.11.07 2017고단1410
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 August 30, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution due to a violation of road traffic law in the Daegu District Court Kimcheon, etc. On September 20, 2016, the Defendant issued each summary order of KRW 500,000 as a fine for the same crime in the same court on September 20, 2016, KRW 150,000 as a fine for the same crime in the same court on January 15, 2013, and KRW 50,000 as a fine for the same crime in the same court on April 4, 2008, respectively.

[Criminal facts]

1. On September 8, 2017, the Defendant: (a) around September 23:30, 2017, the Defendant driven the Dok Kak Kakk Kamp, a wife of the Defendant, without obtaining a driver’s license from the front of the Defendant’s residence in the Gu-U.S.A. C, to the front of the Gu-U.S.-si Kakdong, from the front of the road in the Gu-U.S., to the front of the non-permanent restaurant.

2. On September 9, 2017, the Defendant: (a) around 02:5 on September 9, 2017, the Defendant driven the said Dland’s knife vehicle under the influence of alcohol content of about 0.085% while under the influence of alcohol without obtaining a driver’s license from the front side of a non-permanent restaurant, which was located in the Gu-U.S. Cambro-si, Seoul, to the front side of a 194 knife-si, the knife of the Gu-U.S., from the front side of a non-permanent restaurant to the front side of a mountain knife-si,

Accordingly, the defendant, even though he had a history of driving a motor vehicle more than twice, was driving the motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

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

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. The crimes under Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the driver's license for the driver's license for the driver's license for the driver's license on September 9, 2017).

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