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(영문) 대구지방법원 김천지원 2018.02.08 2017고단1557
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 28, 2017, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Daegu District Court, and on October 5, 2017, the said judgment became final and conclusive and conclusive on September 5, 201. On September 27, 2011, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for the same crime at the same court on March 13, 2009, and a fine of KRW 1.5 million for the same crime at the same court on March 7, 2008.

The Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

On October 17, 2017, the Defendant driven a B-low-income vehicle under the influence of alcohol content of 0.084% while under the influence of alcohol without obtaining a driver’s license from about 1km to about 6-lane 10 from around the 6-lane to the front road of Daegu Bank located in the Gu-si commercial Dong-ro 4, Gu-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. It is inevitable to punish a person who has been sentenced to suspended sentence for the same kind of crime and, in particular, for a long time after the sentence became final and conclusive for the same crime, it is inevitable to punish him/her;

The punishment as ordered shall be determined in consideration of the overall circumstances, such as the numerical value of alcohol concentration in blood, the background of the crime, reflectivity, the defendant's age, sexual behavior, environment, etc.

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