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(영문) 대구지방법원 서부지원 2019.05.22 2017고단2533
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 9, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on September 8, 2010, a fine of two million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on September 8, 2010, and a fine of five million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on August 11, 2017, respectively.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drinking driving, on October 4, 2017, at around 01:46, the Defendant driven a Frane car with a blood alcohol level of about 0.089% under the influence of alcohol level of about 10 meters from the front side of the Cmaart in Seo-gu, Daegu to the front side of the E-cafeteria located in Daegu-gu, Seo-gu, Seo-gu, without obtaining a driving license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Scenic photographs;

1. Criminal records as stated in the judgment: Criminal records, reply reports on criminal records, investigation reports (Attachment to the same type of power), and application of the judgment-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (amended by Act No. 15530, Mar. 27, 201);

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was prosecuted in 199 as a result of a non-licensed driving in January 27, 200, and the Defendant was punished by imprisonment for 8 months and 2 years of suspension of execution at the Daegu District Court on January 27, 200. The Defendant was punished by imprisonment for 2 million won and 6 months of suspension of execution for driving without a license in 2010 and 2 years of imprisonment for 2 million won and 2 years of suspension of execution for driving without a license in 2011, and even after driving without a license in 2017, the Defendant was punished by a fine of 5 million won and thus, the Defendant’s driver’s license was revoked.

. As such,

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