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(영문) 대구지방법원 서부지원 2018.09.18 2018고단715
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of road traffic law in the Seoggu District Court’s branch branch on November 30, 2009. On August 16, 2012, the Defendant received a summary order of KRW 7 million as a fine for the same crime.

On February 9, 2018, the Defendant driven C25 tons of cargo vehicles while under influence of 0.14% alcohol level in the section of approximately 1m in the Seo-gu, Daegu-gu, Daegu-do.

On August 17, 2018, the Defendant driven the C Truck without obtaining a driver’s license from around 10:35, 2018, to around 48km-gu, the Namcheon-si, the Namcheon-si, the Southern-si, the Busan-si, the Busan-si, the mountain-ro, the front of the tunnel.

Summary of Evidence

"2018 Highest 715"

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and a report on investigation (verification of criminal history of a suspect), "2018 Gool 2386";

1. Statement by the defendant in court;

1. The driver's license ledger;

1. The application of Acts and subordinate statutes to arrest drivers without licenses and report on the circumstances of unlicensed driving;

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

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 reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant has been punished for driving under drinking and driving without a license, taking into account the fact that the Defendant once again repeated driving under drinking and driving without a license, it is necessary to strictly punish the Defendant.

However, in full view of all the circumstances, such as the fact that the defendant's mistake is recognized and the defendant does not repeat the crime, drinking value, driving distance, details of the crime, and the record of the crime, the sentence is ordered as ordered.

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