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(영문) 대구지방법원 김천지원 2018.11.29 2018고단234
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 16, 2013, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon-cheon branch on August 16, 201, and on January 12, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 years for imprisonment for the same offense in the same court on January 20, 2017.

Although the Defendant had had a history of violating the provision on prohibition of drinking driving more than twice as seen above, he driven a motor device dalb without obtaining a bicycle driver's license in the state of alcohol level of approximately 0.1% in the section of approximately 100 meters from 18:30 on March 13, 2018 to 3:0 on the side of Kimcheon-si B, Kimcheon-si to the front road of Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving, inquiry of the results of crackdown on drinking driving, investigation report on actual condition, and investigation report (examination report on the numerical concentration of alcohol during blood at the time of driving);

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

1. References to inquiries, such as criminal history, references to each disposition, previous convictions, and application of respective 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. It is inevitable to sentence a sentence in that it commits a crime again during the period of probation for the same kind of crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act, which is punishable by imprisonment.

All kinds of sentencing conditions, such as the fact that compared with a motor vehicle, a motor vehicle is a motor vehicle driving relatively less dangerous, and the fact that it is a class 3 disabled person, respectively, shall be determined as per the order.

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