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(영문) 대구지방법원 상주지원 2017.11.21 2017고단466
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On March 3, 2009, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Seo-gu District Court Branch Branch Office of the Daegu District Court. On July 28, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the resident support area of the Daegu District Court, and on March 21, 2017, the Defendant was sentenced to a suspended sentence of KRW 4 months for a crime of violating the Road Traffic Act (diceless driving). The said judgment became final and conclusive on March 29, 2017.

[2] On July 29, 2017, the Defendant: (a) driven a C low-speed car under the influence of alcohol content of 0.126% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from about 1km section from the front road of the high-speed water site in the northwest-ro in the northwest-ro at the time of stay at around 21:25 to the front road of the Hean Island located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Each investigation report (Nos. 9, 18, and 20 in the list of evidence);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Inquiries about the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The ledger of driver's licenses;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (No. 24 No. 5 of the evidence list);

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 rationale for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) is that the defendant recognized the crime and reflects the fact that the defendant is committed.

However, the defendant's drinking and non-licensed power is too high.

In addition, a suspended sentence of imprisonment is sentenced for crimes related to driving.

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