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(영문) 대구지방법원 김천지원 2017.09.19 2017고단846
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On January 21, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 3 million as a fine for the same crime in the same court on September 2, 2015, respectively.

[2] Notwithstanding the fact that the Defendant had been subject to criminal punishment twice or more for the crime of violating the Road Traffic Act (driving of alcohol), the Defendant driven a motor vehicle without obtaining a driver’s license for the motor vehicle under the influence of alcohol concentration of approximately 0.115% from the 700 meters section of the mountain culture center located in the city of the Gu, Si, U.S. to the front road of the mountain community center located in the city of the Gu, U.S., Si at around 20:48 on May 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

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

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a history of being subject to criminal punishment twice due to drinking or one-time driving without a license by driving under drinking.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is relatively high.

However, the defendant is re-competing.

The defendant has no history of criminal punishment exceeding a fine.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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