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(영문) 대구지방법원 김천지원 2017.06.29 2016고단1853
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On January 21, 201, the Defendant was sentenced to a suspended sentence of 3 million won for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and on September 14, 2012, the Defendant was sentenced to a suspended sentence of 10 months for the same crime in the above court.

[2016 Highest 1853] On November 20, 2016, the Defendant driven a C-wing truck with alcohol content of about 0.218% under the influence of alcohol without a driver’s license from around 18:00 to around the 169-hon Park Park at the time of the same time as the Defendant’s house located in Kimcheon-si, Kimcheon-si, to the front road of the riverside park parking lot located in the same city.

[2017 Highest 681] On May 8, 2017, the Defendant driven a C-wing truck under the influence of alcohol level of 0.176% while under the influence of alcohol level of 0.176%, without obtaining a driver’s license, from around 16:32 around the front day of Kimcheon-si, Kimcheon-si to the parking lot within the 12-day Hospital in Kimcheon-si, Kimcheon-si.

Summary of Evidence

【Criminal Records】

1. Two copies of an inquiry letter, such as criminal history, (A), investigation report (former records), and copy of the judgment [2016 order 1853];

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. The ledger of driver's licenses (A) and the register of teas (2017 Height 681);

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. Application of statutes to the ledger of driver's licenses and details of revocation of driver's licenses;

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The criminal history of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the fact that a person drives a driver without a drinking license while in trial due to a driver without a drinking license, the measurement of drinking, and other ages of the defendant;

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