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(영문) 대구지방법원 김천지원 2018.02.22 2017고단1655
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 28, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2 million for a fine for the same crime in the same court on September 8, 2009, respectively. On February 15, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court on February 15, 2013. On January 11, 2017, the same court was sentenced to a suspended sentence of two years for imprisonment for the same crime and became final and conclusive on January 19, 2017.

On September 24, 2017, the Defendant driven B Poter Cargo with approximately 100 meters alcohol content 0.167% while under the influence of alcohol without a vehicle driver’s license from the front of the treatment apartment apartment in the Nowon-gu, Young-si, Gosi, Gosi-si to the front of the original elementary school in the same Ri from the front of the original elementary school in the same Ri to the front road in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. Registers of driver's licenses and detailed statements of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of such previous history), summary order, text of judgment, text of judgment, and results of search of integrated cases;

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 punishment is inevitable in that there are many persons who have committed the same kind of crime on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and in particular, recidivism during the period of suspension of execution of the same crime is inevitable.

The punishment as ordered shall be determined by comprehensively taking into account the values of alcohol concentration in blood, the circumstances leading to crimes, reflects on crimes, and other various sentencing conditions, such as the character, conduct and environment of the accused.

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