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(영문) 대구지방법원 2017.10.12 2017고단3763
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on January 4, 2010, and a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Daegu District Court on June 28, 2010, and a fine of KRW 7 million for a crime of violating the Road Traffic Act at the Daegu District Court on April 18, 2014, and was sentenced to a fine of KRW 7 million for a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act at the Daegu District Court on August 25, 2016, and was sentenced to a suspended sentence of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on September 2, 2016.

On June 17, 2017, the Defendant: (a) while under the influence of alcohol with 0.196% of alcohol in blood without a driver’s license, and (b) from the road front of the Gyeongan-gun, Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-do, to the road front of the Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun, Gyeongnam-do, Dao-gun, Dao-gun, Dao-gun, Dao-gun, Dao-gun, Dao-gun, Dao-gun.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions: Application of inquiries about criminal history and investigation reports (Attachment of criminal records and copies of written judgments of the same criminal suspect);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The reasons for imposing selective sentence of imprisonment with labor are five times a fine for the same kind of crime after 2000 and one time a suspended sentence has been imposed.

In particular, the criminal liability is heavy in that the crime of this case was committed again during the probation period due to drinking driving, like before the judgment.

In addition, the defendant may avoid the crime of this case by means of using proxy driving, etc.

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