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(영문) 대구지방법원 서부지원 2017.06.23 2016고단2759
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 November 17, 2010, the Defendant was issued a summary order of a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (dacting driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on November 17, 2010, and on April 28, 2015, 1.5 times the driving power of drinking and six times the driving power of a non-licensed driving power.

[2] On October 20, 2016, under the influence of alcohol content 0.093% in blood without a driver’s license around 09:00 on October 20, 2016, the Defendant driven C Poter cargo in the direction of about 4 km up to the front of 30 lusium future lending in the name of 30 lusium, Seowon-gun, Daegu-gun, Daegu-gun, to the front of lusium lusium lusium in the same Eup.

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. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant committed each of the crimes in this case even though he had the record of the same kind of crime, on the other hand, and there is no record of the crime exceeding the fine, and the drinking value, driving distance, etc.

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