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(영문) 대구지방법원 서부지원 2017.10.19 2016고단1886
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 6, 201, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violating road traffic laws (drinking) from the Seo-gu District Court Branch on April 6, 201, and a summary order of KRW 3.5 million for a crime of violating road traffic laws (drinking) on December 2, 2014.

[2] On June 29, 2016, at around 14:25, the Defendant operated a motor bicycle without obtaining a motor bicycle driver’s license, while under the influence of alcohol content of 0.178% during blood while under the influence of alcohol, at around around 1.5 km from the Defendant’s house located in the elderly group B, to the roads in front of the new male in front of the new male.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on drinking driving, inquiry about the results of crackdown on drinking driving, requests for appraisal, reports on detection of drivers engaged in driving, registers of driver's licenses, and inquiries about mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of attachment to the same kind of power);

1. Article 148-2 (1) 1, Article 44 (1) 2, Article 154 (1) 2, and Article 43 of the Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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