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(영문) 대구지방법원 서부지원 2018.11.02 2017고단2203
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On May 26, 2014, the Defendant received a summary order of a fine of three million won for a violation of road traffic law (driving alcohol) from the Seo branch of the Daegu District Court. On September 7, 2015, the Defendant received a summary order of a fine of four million won for a violation of road traffic law (driving alcohol) from the Seo branch of the Daegu District Court. On September 22, 2016, the Defendant was sentenced to a suspended sentence of two months for a violation of road traffic law (driving alcohol) and a violation of road traffic law (licensed driving) in the Seo branch of the Daegu District Court.

Although the Defendant violated the prohibition of drinking alcohol driving regulations on at least two occasions on June 23, 2017, the Defendant driven a D freight vehicle (wing and a third wing vehicle) with approximately 10 km from the upper corner of his residence in Daegu Seo-gu, Seogu, Seogu, Seo-gu, Daegu-ro 1777, while under the influence of alcohol 0.252% of alcohol during blood without obtaining a driver’s license on around 07:38 on June 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to judgment of the same kind as the suspect A) statute;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant had been punished several times due to drinking as stated in the previous record of the judgment, but once again repeats driving of this case and driving without the license, and that the drinking volume of this case is very high, it is necessary to strictly punish the Defendant.

However, the fact that the defendant's mistake is recognized and against himself/herself, and that he/she does not repeat the crime is not good, and that it is not good to health ( September 7, 2017).

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