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(영문) 대구지방법원 2017.12.14 2017고단5357
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 21, 2010, the Defendant, at the Daegu District Court, is a person who has driven drinking two or more times after receiving a summary order of a fine of two million won or more for a violation of road traffic law, and on December 18, 2015, by receiving a summary order of a fine of 1.5 million won or more for the same crime from the same court.

[2] On September 18, 2017, the Defendant driven B rocketing car under the influence of alcohol content of 0.185% without obtaining a driver’s license from a section of about 5km from the front of a mutually influent restaurant to the mix in the front of the same city’s mix, which is located in the front of the same city’s mix.

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 again.

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 in judgment: Application of a reply to inquiry, such as criminal history, report on investigation, text of judgment, and summary order-making statute;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Unfavorable circumstances: the defendant committed the crime of "a person who causes a traffic accident causing the death of a victim while driving alcohol while driving alcohol without providing relief to the injured person" at the Daegu District Court on June 2006, the defendant had the record of having been punished several times for the same kind of crime including the punishment of a suspended sentence of three years in the two years and six months (the record of punishment for refusal of drinking alcohol measurement leads to two times). The fact that the degree of punishment for refusal of drinking alcohol measurement at the time of driving of the instant case reaches 0.185% of alcohol concentration among the blood alcohol at the time of driving of the instant case : the latter is late.

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