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(영문) 대구지방법원 2018.05.03 2017고단7019
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 22, 2013, the Defendant issued a summary order of KRW 5 million at the Ulsan District Court to a fine of KRW 2 million for a crime of violation of road traffic law (driving) and a violation of road traffic law (licenseless driving). On November 29, 2013, the Defendant, in the same court, was sentenced to a suspended sentence of two years for imprisonment for the same crime, and was driving under drinking more than four times on more than four occasions.

[Criminal facts]

1. On November 4, 2017, at around 23:17, the Defendant driven a coo vehicle to C without a vehicle driver’s license in a section of about 500 meters from around the restaurant in which it is impossible to know the trade name located in the 2nd area of the 2nd area of the Masan-si, Busan-si to the front day of the 44-lane in the same city-ro 46-gil.

2. On November 4, 2017, at around 23:45, the Defendant: (a) controlled the police on the ground that he driven a drinking alcohol, and (b) driven a coo car under the influence of alcohol content of 0.182%, without a driver’s license, from around 300 meters to the front day of the 44-lane 46, Gansan-ro 30-ro 40, Gansan-ro 40, Gansan-ro 46, Gansan-ro, Gansan-ro, Gan-ro, 201, and again, driven a coo car under the influence of alcohol content of the blood.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on each circumstantial statement and report on the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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