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(영문) 대구지방법원 김천지원 2016.01.13 2015고단1126
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

On October 18, 2007, the Defendant received a summary order of KRW 1 million due to a violation of road traffic law (drinking) from the Daegu District Court Kimcheon, etc. On February 11, 2009, the Defendant received a summary order of KRW 700,000 for the same crime, etc. in the same court on February 11, 2009. On January 25, 2013, the Defendant received a summary order of KRW 4 million for the same crime, etc. in the same court on January 25, 2013. On August 14, 2013, the Defendant was sentenced to a suspended sentence of six months for imprisonment with labor for the same crime, etc.

Although the Defendant had a driving force of drinking more than twice as above, around 16:30 on July 28, 2015, around 2016:30, the Defendant driven B City 100 0% alcohol level while under the influence of alcohol leveling 0.112% without a motor device license from the road located in Kimcheon-si, Kimcheon-si to the road in front of "sex maintenance" located in Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, report on the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and inquiry into the results of crackdown on driving under drinking;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (the same kind of force), and text of judgment, including criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act (a) of the Act on Reduction of Quantities (absently, the defendant recognized all of the crimes in this case and, in contrast, would not again drive a drinking or non-licensed driving while reflecting the recognition of all of the crimes in this case);

The fact that the defendant has been repeated, the fact that the accident was not caused during the course of the crime in this case, and other factors such as the age, sex, environment, and circumstances leading to the crime in this case, etc.

1. The Criminal Act, the suspension of execution;

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