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(영문) 대구지방법원 경주지원 2017.05.25 2017고단29

도로교통법위반(음주운전)등

Text

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

However, the execution of the above punishment 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] The defendant was sentenced to a fine of one million won for a crime of violating road traffic law in the Daegu District Court racing support on March 11, 2008, and a fine of two million won for a crime of violating road traffic law in the Daegu District Court racing support on May 28, 2015.

[2] Although Defendant 1 had been punished twice or more as above, Defendant 2 driven B Poter cargo under the influence of alcohol concentration of 0.128% in blood without a vehicle driver’s license on January 5, 2017 on the side of the bridge north-dong, Dongcheon-dong, Dongcheon-dong, Chungcheongnam-si, and East-dong, Chungcheongnam-si, and the B-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. To inquire into the results of the detection of any suspected violation of the Traffic Act (non-licensed or drunk driving), the report on the detection of the driver at home, the circumstantial report of the driver at home, the fact of regulating the driving of drinking and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes (Attachment to the previous and summary order);

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 ( various extenuating circumstances, such as the fact that the accused is pening his/her mistake in depth and that he/she has no record of committing a crime exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. To observe orders to protect and attend lectures and to prevent recidivism under Article 62-2 of the Criminal Act;