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(영문) 대구지방법원 김천지원 2018.07.19 2018고단231
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law at the Daegu District Court, and was sentenced to a fine of three million won for the same crime in the Daegu District Court Kimcheon on February 15, 201 and a summary order of one million won for a violation of road traffic law (non-licensed driving) at the Daegu District Court on December 22, 201.

On March 14, 2018, the Defendant, while under the influence of alcohol content of 0.064% during blood transfusions on March 14, 2018, without obtaining a driver’s license, driven a vehicle with B low-speed car at the section of 2 km in front of the early road of the training site for the reserve forces located in the Gumi-si, Gumi-si without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

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

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there was a total of five times punishment due to the reason of sentencing under Article 62-2 of the Criminal Act, driving of drinking alcohol or driving without a license, the fact that the blood alcohol concentration in the blood of this case is relatively high, the fact that the degree of alcohol concentration in the blood of this case is against the fact, the circumstances leading to the crime, and other various sentencing conditions such as the defendant's character, conduct, environment, family relationship, etc. shall be determined as the sentence

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