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(영문) 대구지방법원 2017.10.12 2017고단3968
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

[criminal history] The Defendant is a person who has at least twice the driving force of drinking, such as receiving a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court on September 4, 2009, and a summary order of a fine of KRW 4 million from the Daegu District Court on October 26, 2015 to the same crime.

[2] On June 20, 2017, the Defendant driven C in a state of alcohol alcohol concentration of about 0.211% without obtaining a driver’s license from the front side of the Dondong-gu, Daegu, Daegu, 05:00 to the front side of the Dondong-gu parking lot, which was about 55 meters from the front side of the Dondong-gu to the front road of about 4.3km of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding report on drivers who take driving, the ledger of driver's licenses, and inquiry into the results of crackdown on drinking (Evidence, 27 pages);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order, etc. of the same criminal history against a suspect A);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

The defendant has a record of being punished for a fine twice due to driving of drinking, but he/she also has a record of being punished.

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