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(영문) 대구지방법원 포항지원 2017.10.26 2017고단455
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 3, 2015, the Defendant was issued a summary order of KRW 3.5 million due to a violation of road traffic law (drinking driving) at the port branch of the Daegu District Court on June 3, 2015, and on June 23, 2016, the Defendant was sentenced to imprisonment for 4 months and one year of suspended execution for the same crime in the same court, and the judgment became final and conclusive on July 1, 2016.

Although Defendant 1 was driven under the influence of alcohol twice as above, Defendant 1 driven C Poddive Dok Dok in the state of under the influence of alcohol with approximately 0.078% alcohol concentration in blood without obtaining a driver’s license from the section of around 1.5km from January 18, 2017 to the road in front of the Han-dong vocational school located in the same Gu, the death of North-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (verification of the same criminal suspect records) and statutes;

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 reason for sentencing under Article 53 and Article 55 (1) 3 of the Act on Reduction of Small Quantity, despite the fact that the defendant was punished as a crime of violating the Road Traffic Act, committed a second offense by driving without obtaining a license during the period of suspension of execution. In light of the alcohol concentration in blood during the period of suspension of execution, the defendant's age, environment, sex behavior, and other various sentencing conditions stated in the records of this case, the sentence of sentence against the defendant is deemed inevitable, and the sentence is imposed as ordered.

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