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(영문) 대구지방법원 서부지원 2018.04.09 2017고단1890
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 24, 201, the Defendant issued a summary order of KRW 1.5 million from the Daegu District Court to a fine of KRW 1.5 million for a crime of violating road traffic laws (driving) and a fine of KRW 2 million from the Seoggu District Court’s Branch Branch on June 22, 2011 to the same crime.

【Criminal facts】 On July 4, 2017, the Defendant driven a B-type truck without obtaining a driver’s license in approximately 500 meters from the front day of the Plaintiff on the road in the Daegu City/Sgu, Seo-gu, Incheon Metropolitan City, to the front day of the apartment complex, with approximately 0.10% alcohol concentration in blood.

Accordingly, the defendant, who violated the prohibition of drinking at least 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. Inquiries about the results of crackdown on driving alcohol;

1. Report on the circumstances of driving under the liquor:

1. A driver's license inquiry;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of summary order accompanied by a copy of the summary order);

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's consent to commit the crime of this case and the fact that traffic accidents have not occurred due to the crime of this case: The defendant's consent to commit the crime of this case; however, he/she again commits the crime even though he/she had the record of punishment several times due to drinking driving and non-licenseing: the defendant's age, sex behavior, environment, motive, means and consequence of the crime, circumstances after the crime, family relations, etc. shall be taken into consideration.

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