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(영문) 대구지방법원 김천지원 2018.01.23 2017고단1794
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On June 19, 2007, the Defendant was sentenced to a fine of KRW 2,50,000 to a fine of KRW 2,50,000 for the same crime from the Daegu District Court Kimcheon on May 22, 2009, a fine of KRW 4 million for the same crime in the Daegu District Court on July 21, 2009, a fine of KRW 8 million for the same crime from the Daegu District Court Kimcheon on August 20, 2009, and a fine of KRW 8 million for the same crime from the Daegu District Court on January 18, 2013 to the same court on the same offense.

[2] Although the Defendant had been punished for drinking driving two or more times, the Defendant driven C white YF straw on July 4, 2014, under the influence of alcohol leveling 0.129% of alcohol level without obtaining a driver’s license on a section of about 100 meters from the runway to the front road of the Gu-Sim-si from the runway to the Gu-Sim-si in the Gu-Sim-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. The Defendant’s reason for sentencing alternative to imprisonment with prison labor is against the instant crime.

However, the defendant has already been subject to six criminal punishment, including imprisonment with labor for the same kind of crime.

In particular, the defendant was sentenced to imprisonment for the same kind of crime in January 2013, and again committed a crime during the period of suspension of execution.

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