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(영문) 대구지방법원 2017.11.30 2017고단5116
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Daegu District Court on April 24, 2008, is a person who drives drinking not less than twice since the same criminal history was more than four times in addition to the issuance of a summary order of a fine of KRW 3 million to the same crime by the same court on August 30, 2010.

[Criminal facts]

1. On November 1, 2017, the Defendant violated the Road Traffic Act (drinking) driving a CF rocketing car under the influence of alcohol content of about 0.257% from the 1km section to the day of singing practice, from the front of a restaurant for a cafeteria of a large-gu hydro-gu hydro-gu hydro-dong (hereinafter referred to as “mar-gu”), the Defendant driven a CF rocketing car with alcohol content of about 0.257% from the 1km section to the day of singing practice.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. On July 20, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a CF rocketing car without obtaining a driver’s license from the front of the Defendant’s house located in Daegu Suwon-gu D to the parking lot for the civil petitioners of the Daegu District Public Prosecutor’s Office located in 364, Daegu-ro, 364, the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Inquiry into the results of regulating the driving of alcohol, the statement of the driver's circumstances, and the driver's license register;

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

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Aggravation of concurrent crimes by concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes];

1. The Criminal Act for mitigation of quantity;

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