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(영문) 대구지방법원 김천지원 2018.03.15 2016고단1869
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On December 20, 2006, the Defendant issued a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act (drinking) at the Daegu District Court Kimcheon on December 20, 2006, and on March 20, 2014, the Defendant received a summary order of KRW 3 million for the same offense, etc. at least twice in the same court.

On November 29, 2016, at around 22:03, the Defendant driven a mae-car with approximately KRW 500 meters from the front of the store in Gumi-si B to the front of the “E” restaurant in Gumi-si, Gumi-si, and without obtaining a driver’s license, driven a fe-car with alcohol content of KRW 0.169% under the influence of alcohol during blood without obtaining a driver’s license.

around 11:39 on February 24, 2017, the Defendant driven a F Mart car without a driver’s license from a section of about 1km from the front of G apartment in the Gu-U.S. to the front of the transmission distance in the same Dong from the front of the Gu-si apartment to the front of the Dong.

Summary of Evidence

"2016 Highest 1869"

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The ledger of driver's licenses (A or cancellation);

1. Previous convictions in judgment: 3 copies of a reply to inquiry, such as criminal history, a criminal investigation report (verification of the suspect's records of driving alcohol at least twice) and a summary order “2017 Highest 292”;

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a person who drives a motor vehicle without a license);

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. In full view of all the sentencing conditions, including the following: (a) three times the criminal records of the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the volume of alcohol content during blood transfusion; (c) the background leading to the crime; (d) the repetition of unauthorized driving; and (e) the Defendant’s character and conduct and environment, etc., the sentence shall be determined as ordered.

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