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(영문) 대구지방법원 서부지원 2017.10.19 2017고단2081
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On March 20, 2013, the Defendant was sentenced to a fine of KRW 600,000 to a fine for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act in the Seog branch of the Daegu District Court on March 20, 2013, and was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at the Seog branch of the Daegu District Court on July 6, 2015, respectively. On December 22, 2016, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act (unlicensed Driving) at the Daegu District Court on December 30, 2016, and was sentenced to a suspension period of execution for two years.

[2] Although the Defendant had been punished for drinking two or more times as above, the Defendant driven C-wing truck under the influence of alcohol concentration of about 0.077% in alcohol during blood without obtaining a driver’s license from the front of the cafeteria near the Sungsan-gun located in the Gyeongbuk-gun, Masan-ro, 1256, Masan-ro, 1256, the 4km away from the 4km section of the 1256 km away from Jun. 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, reporting on the state of the driver's license, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume are as follows: (a) the Defendant had been driving or driving without a license several times within a relatively short period of time; and (b) considering the circumstances in which the Defendant had been driving without a license for drinking alcohol during the same period of suspension of the execution of the sentence, the Defendant shall be sentenced to imprisonment.

However, the drinking volume is not high, there is a dependent, and the defendant is against the depth.

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