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(영문) 대구지방법원 경주지원 2017.12.07 2017고단732

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

[criminal history] On November 1, 2010, the Defendant was issued a summary order of a fine of two million won due to a violation of road traffic law in the Daegu District Court racing support, etc., and on August 14, 2014, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law (driving driving) in the same support.

[Criminal facts] On October 19, 2017, at around 21:05, the Defendant driven a B low alcohol vehicle while under the influence of alcohol of 0.142% of alcohol without a driver’s license, from the front side of the side of the front side of the front side of the river located in the same Dong to the front side of the river located in the same Dong.

As a result, the Defendant again driven a motor vehicle without a driver's license in violation of the prohibition of drinking driving under the Road Traffic Act, which violates the prohibition of driving under the above influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the detection of any suspected violation of the Traffic Act (driving/unlicensed Driving) on the road, notification of the results of crackdown on the driving of alcohol, report on the situation of a driver driving, register of driver's licenses, and details of revocation of driver's licenses;

1. Previous convictions indicated in the judgment: Application of a written reply to inquiry, such as criminal history, etc. (A), a report on investigation (prior convictions of the suspect), a summary order of 3396 highest district court and racing support 2010, and the summary order of 1327 high highest district court and racing support 2014 statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road 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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (number of extenuating circumstances, including the following: (a) The defendant has his/her wrong penure in depth; (b) the defendant has no record of punishment exceeding a fine; and (c) the defendant has two children at the age that requires the support of the defendant);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., grounds for mitigation of the aforementioned amount);