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(영문) 대구지방법원 서부지원 2017.05.18 2017고단512
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 October 25, 2010, the Defendant received a summary order of KRW 4 million from the Daegu District Court to a fine of KRW 1,000 due to a violation of road traffic laws (drinking), and on August 11, 2014, the same court received a summary order of KRW 4 million from a fine of KRW 1,00,000 due to a violation of road traffic laws (drinking).

[2] On February 15, 2017, the Defendant driven a vehicle with B low-speed from approximately 200 meters in the direction of 0.150% alcohol concentration in blood, without obtaining a driver’s license for a vehicle on February 15, 2017, to the front day of this Ri-distance in the main Dong-dong of Daegu-gu to the front day of the Rodm wave in the same Dong.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Inquiries about the results of crackdown on driving alcohol, circumstantial statements, and investigation reports (including supplementary documents);

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the 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. 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. The fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, has been driving without a license for drinking, despite having the same kind of power, and the fact that the drinking value is not lower than that of the defendant under the circumstances unfavorable to the defendant, there is no criminal conviction exceeding that of the same kind of fine, and the fact that the depth is divided in depth, shall be determined by considering the circumstances favorable to the

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