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(영문) 대구지방법원 김천지원 2018.08.28 2018고단538
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 November 23, 2006, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving), a summary order of KRW 2 million for the same crime in the same court on November 19, 2008, and a summary order of KRW 8 million for the same crime in the same court on October 20, 2015, respectively.

[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven a B-low vehicle under the influence of alcohol level of 0.153% in alcohol level without obtaining a driver’s license on May 16, 2018 at the distance from the front of the cafeteria “Seoul-gu Gamdong, Daegu-si,” which is located in the Dobong-si, Seoul-si, Seoul-si, to the front of the 12-9-ro 12-ro, the Gu-U.S.-si, the 12-9-ro, the Gu-Sim-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of driving and driving without obtaining a driver's license, making a circumstantial statement of the driver's driver, and inquiring about the results of regulating drinking;

1. Report on internal investigation (as at the time of the completion of the driving of the suspect), report on internal investigation (as at the time of the completion of the operation of the suspect's blood alcohol concentration formula, with respect to the application of the

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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 for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200

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;

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