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(영문) 대구지방법원 경주지원 2017.12.13 2017고단741
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a suspended sentence of six months on May 14, 2003 due to a violation of the Road Traffic Act in the Port Support of the Daegu District Court, and was sentenced to a suspended sentence of six months on November 19, 2003. On October 2, 2008, the defendant was sentenced to a summary order of two million won as a crime of violating the Road Traffic Act (drinking) in the same support on October 2, 2008, and was sentenced to a suspended sentence of six months on February 14, 2013. The defendant was sentenced to a suspended sentence of two years on October 14, 2015, and was sentenced to imprisonment on October 14, 2015 due to a violation of the Road Traffic Act (drinking), and completed the sentence of the same kind of prison in Daegu District Court on June 25, 2016.

[2] On September 11, 2017, the Defendant, at around 19:25, driven a DNA cargo with alcohol content of 0.117% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from approximately 6km section from the street in front of the Defendant’s residence and in front of the Eup to the street of the same Myeon and Eup.

As a result, the Defendant, who violated the prohibition on drinking under the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition on driving under the above influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, report on the situation of the driver in charge, investigation report (report on the situation of the driver in charge of driving), and the register of driver's licenses;

1. Previous convictions: Application of inquiries about criminal history, reports on investigation (Attachment of criminal records and judgments of the suspect) and other Acts and subordinate statutes;

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 Criminal Act for aggravated repeated crimes.

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