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(영문) 대구지방법원 2018.05.24 2018고단1432
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 11, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law in the Changwon District Court’s Tongwon District Court’s territorial branch on November 11, 2009, and was sentenced to a suspended sentence of KRW 1 million on June 22, 2017 for the same crime, etc., and was sentenced to a suspended sentence of at least twice in six months.

On February 26, 2018, the Defendant driven a CRabal car without a driver’s license while under the influence of alcohol content of about 0.173% from the 2km section of blood, from the front of the Seoul cafeteria to the heart distance in the inverte of the heart, in the case of lurg-gun, which is located in the extension of the Sinsi-si in the Guicheon-si, Seoul.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Details of driver's license revocation;

1. Written inquiry about criminal history, etc.;

1. Investigation report (Attachment of a copy of a summary order, etc.), summary order, and application of statutes of the judgment text;

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 sentence like the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relation, and circumstances before and after the crime.

- The recognition and reflection of the crime of this case as much as there are three times the history of punishment for the crime of violating the Road Traffic Act (drinking) and as possible to criticize the crime of this case during the period of probation.

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