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(영문) 대구지방법원 서부지원 2018.11.21 2018고단1602
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On September 15, 2010, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving), a summary order of KRW 2 million in the same court on October 15, 2013, and a fine of KRW 5 million in the same court on November 10, 2014 due to a violation of road traffic law (drinking driving), respectively.

On May 15, 2018, the Defendant driven B K5 vehicle under the influence of alcohol content of 0.063% in alcohol, without obtaining a driver’s license, from the front of the restaurant of the “Yeung land” 281, in the Daegu-ro, Daegu-ro, Daegu-ro, Daegu-ro, to the front of the 103-ro 27, the “FTTT” road located in the 281st GU-ro 27, 201, in the front of the said 3km road.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a car under the influence of alcohol without a driver's license.

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 in judgment: Application of the results of inquiry, such as criminal history, and the Acts and subordinate statutes of a report on investigation (same criminal history);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture has already been punished by a fine on five occasions due to drinking driving or driving without a license. Meanwhile, the Defendant committed the instant crime at the same time, on the other hand, there is no past record of the Defendant’s age, sex behavior, environment, motive, background, means, and means of the instant crime.

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