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(영문) 대구지방법원 2017.09.14 2017고단3906
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 29, 2013, the Defendant is a person who has been punished by a fine of KRW 1.5 million for a violation of road traffic law at the Daegu District Court on July 29, 2013, and a person who has been punished by a fine of KRW 4 million at the same court on December 18, 2015 for the same crime at least twice.

On June 13, 2017, the Defendant was under the influence of alcohol content of 0.108% in blood without a vehicle driver’s license, and was driving a vehicle B at the section of approximately 120 meters in front of the same Eup/Myeon 34 meters in front of the same Eup/Myeon Do, in the direction of 120 meters in front of the same Eup/Myeon Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of such previous summary order);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Provide community service and attend lectures had been previously punished twice due to drinking driving, the defendant's liability is not somewhat weak in that the defendant's driving of a motor vehicle in the state of drinking alcohol concentration of 0.108% without the driver's license of the motor vehicle again, and that there was a situation that may cause harm to traffic, such as causing collision with the motor vehicle parked by the defendant at the time of the instant case.

However, there is no criminal conviction or heavier for the defendant, and the defendant is waiting for all the crimes of this case and reflects his/her wrongness, and others.

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