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(영문) 대구지방법원 포항지원 2017.09.06 2017고단874
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

On April 1, 2010, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of road traffic law (drinking driving) in the port branch of the Daegu District Court on April 1, 201. On September 21, 201, the Defendant was sentenced to a suspended sentence of six months for the same offense in the same court, and was sentenced to a fine of seven million won for the same offense in the same court on January 21, 201.

On June 30, 2017, the Defendant driven B-be under the influence of alcohol level of about 0.096% in a section of about 800 meters from the front of the office of the Si/Gu/Si/Gu/Eup/Myeon/Eup/Myeon, which is located in the area of the Si/Gun/Gu/Eup/Myeon/Eup/Myeon, to the front of the Si/Gu/Gu/Eup/Myeon/Eup/Myeon/Eup/Myeon, without obtaining a driver's license.

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 and the driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor as a matter of choice (it shall be considered that the person committed drinking or non-licensed driving in the instant case without being aware of the same criminal records as the previous criminal records in several times, including probation);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3 (see, e.g., Supreme Court Decision 2009

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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