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(영문) 대구지방법원 2017.10.12 2017고단4125
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] On July 20, 2017, the Defendant was sentenced to imprisonment with prison labor for the crime of assault, etc. at the Daegu District Court on August 28, 201, and the said judgment became final and conclusive on July 28, 201

[2] On December 8, 2006, the Defendant violated the duty of prohibition on driving under the influence of alcohol on at least two occasions by receiving a summary order of KRW 1.5 million as an offense of violation of road traffic law at the Daegu District Court on December 8, 2006 and a fine of KRW 4 million at the same court on September 2, 2016.

On December 9, 2016, the Defendant driven a BF rocketing car under the influence of alcohol content of about 0.159% while under the influence of alcohol without a driver’s license, from the front of a restaurant where it is impossible to know the trade name in the mountain of the mountain of the Gyeonggi-si, Busan-si to the front road of the 111st century, in which the trade name in the mountain of the city of Gyeonggi-do is unknown.

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. A criminal investigation report (C party telephone verification);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation, text of judgment, and summary order-making statute;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight - Unfavorable circumstances: although the Defendant had been subject to punishment due to drinking or non-licensed driving on December 9, 2016, the Defendant was under the influence of alcohol at 0.159% while under the influence of a license on December 9, 2016; the Defendant was aware of the instant crime, and caused traffic accidents on December 24, 2016, where he/she repeatedly conducted drinking or non-licensed driving on December 24, 2016 (a punishment was imposed as KRW 8 million), and later led to a confession of the crime, but the investigation was conducted.

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