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(영문) 대구지방법원 김천지원 2018.09.20 2018고단502
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On May 17, 2007, the Defendant violated the Road Traffic Act (drinking) was sentenced to a suspended sentence of 2 months in imprisonment with prison labor for a crime of violating the Road Traffic Act (drinking) in the Daegu District Court Kimcheon-cheon Branch on August 17, 200, and 10 months in the same court on July 16, 2009, and was sentenced to a summary order of 5 million won in the same court on December 11, 2015.

Although there was a history of violating the prohibition on drinking driving two or more times as above, the Defendant driven B rocketing car with approximately 0.150% of alcohol concentration in blood at the section of about 10km from May 8, 2018 to the road located in 90-4, i.e., the Hancheon-si, Kimcheon-si, in the direction of the congested wind distance, which is located in the Dobong-si, Kimcheon-si, Kimcheon-si.

2. On May 8, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a B rocketing car without obtaining a driver’s license from the front of his residence in Kimcheon-si to the road located in the C, which is located in the sloping-si, Kimcheon-si, Macheon-si, Masan-si, Kimcheon-si, Macheon-si, Macheon-si, Mansan-si, Kimcheon-si, Macheon-si, 90-4.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of a driver driving a drinking, and a report on the results of crackdown on drinking driving, and a survey report on actual condition;

1. Details of driver's license revocation and the ledger of driver's licenses;

1. References to inquiries, such as criminal history, investigation reports (Attachment to the latest same kind of force), and application of the summary order of each judgment;

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. 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. There is a total of five times of punishment, such as observation of protection, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, due to driving of drinking alcohol for the reason of sentencing, etc., and one time of punishment for refusing to measure drinking;

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