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(영문) 대구지방법원 서부지원 2017.09.14 2017고단1826
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence for eight months on August 29, 2013 due to a violation of road traffic law in the Seo-gu District Court’s branch branch, etc. on August 29, 2013. On January 22, 2015, the Defendant was sentenced to a fine of five million won on the grounds of a violation of road traffic law in the same court on January 22, 2015. On April 28, 2016, the Daegu District Court was sentenced to a suspended sentence for six months on the grounds of a violation of road traffic law (non-licensed driving) and was sentenced to a suspended sentence for two years on May 10, 2016.

【Criminal facts】 On June 13, 2017, the Defendant driven C Poter Cargo under the influence of alcohol content of 0.138% while under the influence of alcohol without obtaining a driver’s license from around 1km to the front road of the 1km away from the 20:30-on the C Poter in the middle of the Gandong-gu Eup located in the middle of the Gandong-gun, Ganbuk-gun, Gan-gun, Gan-gun, an Eup located in the same Eup/Myeon.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining 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, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (verification of crimes and records of the same kind during the period of probation), and application of each written judgment-related statute;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the 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. The Defendant was sentenced to two years of a suspended sentence for August 2013 under Article 53 and Article 55(1)3 of the Criminal Act for the reason of sentencing under Article 55(1)3 of the Act on the Mitigation of Small Quantity, and was sentenced to two times of a suspended sentence of imprisonment with prison labor for a period of two years, and was sentenced to a fine of five million won for a non-licensed driver or a non-licensed driver during the suspended sentence and sentenced to two years of a suspended sentence in June.

(b).

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