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(영문) 대구지방법원 김천지원 2017.06.13 2016고단1349
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 23, 2007, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and on June 30, 2016, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.

[2] Notwithstanding the fact that the Defendant had been punished twice or more due to drinking, on August 31, 2016, the Defendant did not obtain a motor vehicle driver’s license in approximately 30 meters from the front of the convenience store in the Gu-S25 Sim-dong 30 meters from the front of the convenience store in the Gu-S25 Sim-dong around August 21, 2016 to the front of the same GS25 Sim-si, and driven C Coststar kick with alcohol while under the influence of alcohol of about 0.175% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, on the grounds of sentencing Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds), has been driving a motor vehicle without drinking or without a license, even though the driver’s license was revoked due to drinking.

The defendant has already been subject to criminal punishment four times for the same crime.

At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is also high.

However, the defendant is re-competing.

In full view of the above circumstances, the sentencing conditions, such as the defendant's age, sex, family relationship, circumstances after the crime, equity in similar cases, etc., shall be determined as per the disposition.

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