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(영문) 대구지방법원 서부지원 2018.08.29 2017고단3266
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Records of Crimes】 On February 10, 2015, the Defendant received a summary order of KRW 2 million from the Seo-gu District Court Branch of the Daegu District Court for a crime of violating the Road Traffic Act (drinking) and KRW 6 million from the same court on January 25, 2016 due to the same crime, etc.

【Criminal fact-finding on November 25, 2017, while under the influence of alcohol content of 0.181% in blood around 23:30, the Defendant driven a cub car from the 1km section to D in front of a non-permanent restaurant located in the Seogu Seo-gu, Daegu-gu, Daegu-gu, without a driver’s license until Samsung name located in the same department on the front of the road where it was turned off.

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 report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (related to the confirmation of such previous history);

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already served on criminal punishment for the same kind of crime several times, and the crime of this case has already been committed at the same time, drinking level, high drinking level, the defendant's sale of vehicles at the time of the crime of this case, etc., and there is no record of crime exceeding the fine, and other various circumstances shown in the argument of this case.

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