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(영문) 대구지방법원 2017.10.19 2017고단4537
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, at the Daegu District Court on March 12, 2007, issued a summary order of KRW 2.5 million for a violation of road traffic law (drinking), on April 17, 2008, a summary order of KRW 3 million for a violation of road traffic law (drinking), and on February 20, 2014, a person who driven a vehicle at least twice after being issued a summary order of KRW 6 million for a violation of road traffic law by the same court.

[2] On August 13, 2017, the Defendant, at around 01:52, driven BW50cc under the influence of alcohol content 0.159% under the influence of alcohol while driving a motor device in approximately 100cc under the influence of alcohol, without obtaining a motor driver’s license from the front side of diving 24 roads, Daegu Northern-ro, Daegu Northern-ro, 201, to the front side of the same Dong-ro, which is located in the same Dong-ro, and on the front side of the four streets.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and once again driven a motor device under the influence of alcohol without a bicycle driver's license.

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. License register;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.

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