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(영문) 대구지방법원 2018.10.10 2018고단3537
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On October 6, 2009, the Defendant was sentenced by the Daegu District Court to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), the same court on December 27, 2013, a fine of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving) in the same court on June 13, 2014, and a fine of KRW 2 million for a crime of violating the Road Traffic Act (dacting driving) in the same court on October 24, 2014, respectively.

In addition, on February 8, 2018, the Defendant was sentenced to a fine of KRW 10 million due to a violation of road traffic laws (drinking driving), etc. (the judgment became final and conclusive on August 24, 2018). On June 12, 2018, the Defendant driven a vehicle with approximately 20 meters of alcohol e-mail from Yongcheon-si B’s mutual influent restaurant to C, while under the influence of alcohol content of at least 0.133% without obtaining a driver’s license for a motor vehicle on June 12, 2018.

As a result, the Defendant driven a motor vehicle at least twice without obtaining a driver's license, and drives a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. A previous conviction in judgment: A written inquiry about criminal history, a criminal investigation report (a report of confirmation during the same type of criminal suspect and the period of suspension of execution), and application of statutes on the results of

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant is tried for the same kind of crime during the period of suspension of execution (the defendant was sentenced to two years of suspension of execution on December 22, 2016 by the Daegu District Court on the grounds of intimidation, etc. on December 22, 2016 and the judgment became final and conclusive on December 30, 2016).

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