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(영문) 대구지방법원 경주지원 2017.03.08 2016고단777
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2007, the Defendant was sentenced to a fine of KRW 700,00 to a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 1,500,000 to a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court and the Daegu District Court on November 7, 2007, and a fine of KRW 7 million to a crime of violating the Road Traffic Act (drinking driving) at the port support of the Daegu District Court on November 13, 2014, respectively.

On September 6, 2016, the Defendant driven a gallon vehicle, while under the influence of alcohol content of 0.094% in the blood without a driver’s license, on the front side of D in the racing city around 00:03 on September 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the register of driver's licenses;

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

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 chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

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