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(영문) 대구지방법원 경주지원 2018.02.21 2017고단599
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 1, 2008, the Defendant was issued a summary order of KRW 2 million for a violation of road traffic law (drinking driving), etc. at the port support of the Daegu District Court, and on May 1, 2015, the Defendant was issued a summary order of KRW 4 million for a violation of road traffic law (drinking driving).

[2] On July 28, 2017, the Defendant: (a) driven a Bwork-free vehicle with alcohol content of 0.151% while under the influence of alcohol without a vehicle driver’s license from around the 500-meter section from the west-Eup’s office located adjacent to the Dong-dong road located in the same Eup/Myeon on July 28, 2017 to the front dong road located in the same Eup/Myeon.

As a result, the Defendant again driven a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act, who violated the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of drivers in violation of the Traffic Act (drinking, driving without a license) on the road, report on the circumstances of drivers driving on the road, investigation report (report on the circumstances of drivers driving on the road), notification of the results of crackdown on driving under drinking, and the

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

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., the confession of a defendant and the absence of any force exceeding the fine by the same kind of power);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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

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