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(영문) 대구지방법원 2018.06.28 2018고단1811
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 24, 2015, the Defendant issued a summary order of KRW 3 million to a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court on December 24, 2015, and a summary order of KRW 2 million by the same court on March 11, 2016 for a crime of violating the Road Traffic Act.

On September 14, 2017, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act by the same court, and the judgment became final and conclusive on March 30, 2018.

On March 19, 2018, the Defendant: (a) driven a CNA-si car under the influence of alcohol concentration of 0.159% while under the influence of alcohol while under the influence of alcohol content 0.159%, without obtaining a driver’s license from the front side of the “the lowest military beer house” in the Daegu-gu Busan-dong, Daegu-gu, Daegu-gu, to the front side of the new middle school located in approximately 255 square meters in the old Nowon-gu, Seoul-gu.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. 112 Reporting case handling table;

1. The driver's license ledger, etc.;

1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, a written confirmation of previous convictions, a report on investigation (verification of the same criminal records as the suspect), and a report on investigation (Attachment to the reference data of suspect A);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, equity in the case of concurrent crimes after Article 37 of the Criminal Act, and other circumstances after the defendant's age, occupation, sex, family relationship, and crime.

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