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(영문) 대구지방법원 상주지원 2017.05.23 2017고단54

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 history] On September 17, 2012, the Defendant was sentenced to a fine of KRW 7 million due to a violation of road traffic law in the Port Support of the Daegu District Court on September 17, 2012, and was sentenced to a fine of KRW 3 million due to a violation of road traffic law (driving) in the resident support of the Daegu District Court on September 7, 2015.

[Criminal facts. <201> On February 1, 2017, the Defendant, around 16:47 on February 1, 2017, driven a cub vehicle C while under the influence of alcohol with approximately 0.129% alcohol concentration in blood without a vehicle driver's license, in the section of about 20km, from the front of the Ilcheon-si bathing Beach located in Sincheon-si, Sincheon-si to the front of the Daegu Pocheon-si Office of Pool-si, Sincheon-si.

On March 3, 2017, the Defendant, on March 15:21, 2017, driven a C motor vehicle without a driver's license in the section of approximately 4km from the front of the 37rd Chun apartment road, the 137rd Chun apartment to the front of the 132 South Chundong community service center at the center of the same city.

Summary of Evidence

.2017 order 54

1. Statement by the defendant in court;

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

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

1. The driver's license ledger and the driver's license ledger; < Amended by Presidential Decree No. 2841, Nov. 14, 2017>

1. Statement by the defendant in court;

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

1. The driver's license ledger and the driver's license ledger;

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (the previous and confirmation), and copy of the judgment, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a person who violates the Road Traffic Act and a person who violates the Road Traffic Act (a person who drives without a license) on February 1, 2017, and a person who is sentenced to the punishment for a violation of the Road Traffic Act with heavy punishment on February 1, 2017);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.