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(영문) 대구지방법원 김천지원 2018.02.22 2017고단1724
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

On January 6, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon Branch on the part of the Daegu District Court, and issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) on June 10, 2015, and on April 7, 2017, the Daegu District Court issued a summary order of KRW 6 million as a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court.

Although the Defendant had been punished for driving under drinking more than twice as above, on November 13, 2017, the Defendant driven Cenz S350 automobiles while under the influence of alcohol 0.108% of alcohol while under the influence of alcohol without obtaining a driver’s license from approximately 12 km section to the front road of the offwning reservoir in the offwning, at around 04:30 on the day of the mutual influence, in which he had been punished for driving under drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Register of driver's licenses and report on internal investigation (limited to attachment of CCTV images, etc. for crime prevention);

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant 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. Reasons for the sentencing of Article 62-2 of the Criminal Act, such as protection and observation, community service and order to attend a lecture, which have many previous offenses, such as being sentenced to a license for driving without drinking in 2002, the amount of alcohol content during blood, the background of the crime, reflects the fact that it is a disabled person of Grade III intellectual disability, and other circumstances such as the character, conduct, environment, occupation, etc. of the accused, shall be determined as shown in the disposition;

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