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(영문) 대구지방법원 경주지원 2017.07.05 2017고단8
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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] On June 11, 2010, the Defendant was punished for driving alcohol two times or more by issuing a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support, and on June 27, 2016, the same court issued a summary order of KRW 5 million for the same crime.

[2] On October 29, 2016, the Defendant driven B 3 automobiles without obtaining a vehicle driver’s license, while under the influence of approximately 0.191% alcohol content in a section of about 300 meters from the front of the happy apartment in front of the Haak-si in the city of Ansan-si to the front road of the 24mnish-si in the center of the Gangseo-si in the city of Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions before drinking);

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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