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(영문) 대구지방법원 2017.09.14 2017고단3976
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On December 24, 2015, the Defendant violated the duty of prohibition on driving under the influence of alcohol two times or more by receiving a summary order of a fine of KRW 3 million from the same court on March 11, 2016 due to the same crime, etc. in the Daegu District Court on December 24, 2015.

At around 03:50 on June 19, 2017, the Defendant, without a driver’s license, driven B rocketing car at the 14km section of approximately 14km from the front of the road in the Maart located in the Maart-dong, Daegu-si, Hayang-si, Hayangyang-si, in the direction of 0.127% alcohol concentration in blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same type) statute;

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

1. The defendant has been punished for a crime of the same kind, such as a fine of one million won due to a driving of light alcohol in 2004, a fine of three million won due to a driving of light alcohol in 2015, a fine of two million won due to a driving of light alcohol in 2016, and a fine of two million won due to a driving of light alcohol or without a license in 2016.

The degree of alcohol content is more than 0.1% in blood at the time of driving of the instant case, and the distance of the Defendant’s driving depends on the section of approximately 14 kilometers.

There is no reason to consider the circumstances in light of the circumstances and motive of the driving.

1. Articles 53 and 55(1)3 of the Criminal Act (at the time of the instant case, there was no circumstance likely to cause harm and danger to traffic) of the mitigated amount.

The defendant is seriously against his fault, such as selling the vehicle of this case, etc., and it is further against the future.

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