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(영문) 대구지방법원 2018.05.31 2018고단386
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 23, 2015, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Daegu District Court on January 23, 2015, and was sentenced to imprisonment with labor for a crime of violating the Road Traffic Act at the Daegu District Court on May 11, 2017, and was sentenced to a suspended sentence of two years for more than twice.

On November 24, 2017, the Defendant driven a motor vehicle with alcohol content of 0.109% at around 02:12, while under the influence of alcohol during blood, and without obtaining a driver’s license, on the roads adjacent to the GMW store located adjacent to the GMW store located in Daegu Suwon-gu, the Defendant driven a motor vehicle with alcohol content of about 150 meters at the section of about C Abro-durdmp, located adjacent to the road located adjacent to the same Dong in the same Dong.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, was driving a car without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger and the driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 sentence like the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, and circumstances before and after the crime.

- The recognition and reflection of the crimes of this case as much as there is a history of fine twice for the crimes of violation of the Road Traffic Act (unlicensed driving), fines twice for the crimes of violation of the Road Traffic Act (drinking driving), fines for the crimes of violation of the Road Traffic Act (drinking driving), and punishments for a one-time suspended sentence, and as there is a possibility of confising the crimes

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