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(영문) 대구지방법원 김천지원 2019.02.27 2018고단1385
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant received a summary order of KRW 3 million on April 1, 201, a fine of KRW 2 million on April 1, 201, and a fine of KRW 3 million on June 16, 2017, respectively, from the Daegu District Court Kimcheon Branch.

Although the Defendant had any history of violating the prohibition on drunk driving twice or more, on November 27, 2018, at around 00:30, the Defendant driven a motor vehicle with the highest blood alcohol level of 0.114% under the influence of alcohol without obtaining a driver’s license in approximately 1km section from the front of the C cafeteria located in the Gu-U.S., Sinsi District Office of the E-U.S., E-U.B. to the front of the D, E-U.S. branch.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes related to investigation reports;

1. Article applicable to criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, which include probation and community service or lecture attendance order, are at least five times the previous convictions.

The history of the traffic accident is also four times.

The level of light is not easy.

The most favorable sentencing factor is a long time among criminal records.

The mistake is against the wrong.

Many people support a long-term range of her mother's ability to live alone.

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