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(영문) 대구지방법원 김천지원 2018.06.05 2017고단1462

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 March 21, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon, and a summary order of KRW 4 million for the same crime in the same court on November 29, 2016, respectively.

[2] Although Defendant 1 had been in violation of Article 44(1) of the Road Traffic Act two or more times, Defendant 2 driven B 124C Macro, without a motor device license, under the influence of alcohol leveling 0.104% in the 2km section of approximately 2km from the 1st century to the road front of Kimcheon-si, Kimcheon-si, 35 (Macdong), where the trade name of “Sung Steel” located in Kimcheon-si, 09:23 August 30, 2017, is unknown.

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. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of the same criminal history as the suspect), copy of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 amount of punishment (including the fact that the defendant is against his/her will and that he/she has no record of criminal punishment exceeding the fine for the same kind of crime);

1. Article 62(1) of the Criminal Act on the suspension of execution (restatement of the aforementioned circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;