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(영문) 대구지방법원 안동지원 2018.07.13 2018고단218
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On May 31, 2012, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon, and a summary order of KRW 3.5 million for the same crime in the same court on November 28, 2016.

[Criminal facts] On April 21, 2018, the Defendant driven B Maz Motor Vehicle under the influence of alcohol concentration of about 0.187% without a driver’s license at a section of about 1km from the Do near the local fishing place located in the Chocheon-dong, to the roads in front of the Namsan-dong located in the same city, from the Do near the local fishing place on the permanent residence on April 21, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking, notification of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. The driver's license ledger;

1. Making teas;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, and criminal investigation report (A) and Acts and subordinate statutes;

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is high enough to criticize the instant crime even though the Defendant had been sentenced to a fine five times due to drinking or unlicensed driving in the past.

The number of alcohol concentration among the blood of the defendant is very high.

However, the defendant recognizes his mistake and is against his will.

The crime of this case did not cause a traffic accident.

No defendant shall have any record of punishment heavier than a fine.

In addition, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, the punishment as ordered.

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