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(영문) 대구지방법원 포항지원 2017.03.08 2017고단14
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 30, 2008, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving), etc. on October 15, 2012, and was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (drinking driving) at the Port Support of the Daegu District Court on October 15, 2012. On July 1, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (drinking driving), etc. on July 1, 2014.

On May 20, 2015, the Defendant, as a person with the foregoing two or more drinking driving skills, driven a vehicle with Chived lurged vehicle from May 20, 2015 at the front of a mutually influorous restaurant in the north-gu, Northern-dong at the port to the front of the bank, from around 3km to that of another in the south-gu, Nam-gu, Seoul-gu, Seoul, without a driver’s license, under the influence of alcohol concentration of about 0.192%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of the results of inquiry, such as criminal history, and criminal investigation reports (the same type of criminal records and attachment of written judgments by the suspect);

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. Determination of the sentence as ordered by taking into account the following circumstances: the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and other various sentencing conditions, including the circumstances after the commission of the crime:

The favorable circumstances: The circumstances that reflect his mistake in depth: the high drinking value, the records of punishment five times due to drinking and non-licenseless driving, the crimes committed during the period of the same suspended execution, and the escape to escape from criminal liability.

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