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(영문) 대구지방법원 상주지원 2017.02.07 2016고단547
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 May 26, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the resident support of the Daegu District Court on May 26, 2009, and a fine of KRW 7 million for the same crime in the same court on June 9, 2014.

On November 29, 2016, the Defendant driven B Poter truck with alcohol content of 0.101% under the influence of alcohol without obtaining a driver’s license from around 300 meters in a section of around 19:50 meters from the front day of the king of the king of the Eup-Eup to the front day of the Maok-si, the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the detection of a driver driving on the vehicle, report on the circumstances of the driver driving on the vehicle, inquiry into the results of crackdown on drinking and the register of driver's licenses;

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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act that has no criminal record of at least a stay of execution or that of not driving

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

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