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(영문) 대구지방법원 김천지원 2018.09.05 2018고단675
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

On May 25, 2007, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and issued a summary order of KRW 3 million as a fine for a crime of violating the Road Traffic Act at the Daegu District Court on October 30, 2008. On May 15, 2012, the Defendant received a summary order of KRW 4 million as a fine for a crime of violating the Road Traffic Act (drinking driving) in the support of the Daegu District Court Kimcheon-cheon Branch on May 15, 2012.

However, the Defendant, while under the influence of alcohol level of 0.146% in blood at around 01:45 on June 5, 2018, driven a B rocketing car at approximately 800 meters from the front of the police station in the Gu-U.S., which is in the Gu-U.S., under the influence of alcohol level of 0.146% in the Gu-U.S., U.S., U.S., to the front of the driving distance.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing of Article 62-2(1) of the Criminal Act is the fifth drinking and the fourth unlicensed driving.

The level of state practice is also high.

Although the defendant should be punished strictly, considering the fact that most of his previous convictions have been prior to 10 years, and there have been no previous conviction exceeding the fine, and that if he is detained, he would prevent his family from living, and would not make another mistake.

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