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(영문) 대구지방법원 경주지원 2019.01.30 2018고단743

도로교통법위반(음주운전)등

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

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

Reasons

Punishment of the crime

【Criminal Power】 On March 27, 2012, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Daegu District Court and the racing support. On January 2, 2015, the Defendant was issued a summary order of KRW 2 million for the same crime.

【Criminal Facts of Crimes】 On October 17, 2018, at around 00:30, the Defendant driven a Category B New C motor vehicle with a blood alcohol content of about 0.067% under the influence of alcohol without a motor vehicle driver’s license at a section of about 1 k meters from the front of the dong Ge-dong, Ge-si, Ge-si, Ge-si, Ge-si, Ge-si, Ge-si, Ge-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving and a report on the circumstances of drinking drivers;

1. The driver's license ledger;

1. Application of investigation reports (limited to cases of the suspect's previous conviction and summary order)-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Article 148-2, Article 148-1, Article 44 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning the selection of criminal facts, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of

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

1. Selection of penalty: Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;