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(영문) 대구지방법원 포항지원 2018.02.21 2017고단1047
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 October 7, 2015, the Defendant is punished by a fine of one million won or more for a violation of road traffic laws in the Daegu District Court Port Branch Branch of the Daegu District Court on the same day, and 2.5 million won or more for the same crime in the same court on April 11, 2017.

On January 18, 2017, the Defendant: (a) driven a C-do motor vehicle under the influence of alcohol level of 0.067% in alcohol level in the blood, without obtaining a driver’s license from around 700 meters in the section of around 380 meters to the road before the management corporation located in the Nam-gu Steel route in South-gu, Nam-gu, Nam-gu, Nam-gu, Yan-si, and at around 21:40 at around 21:40.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Reporting on the detection of a suspected violation of traffic laws (driving or driving without a license) on roads;

1. Investigation report (as to pertaining to three times a drinking driver, etc.)

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 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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