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(영문) 대구지방법원 경주지원 2017.11.08 2017고단645
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 May 15, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving of alcohol) at the Ulsan District Court, and on December 16, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving of alcohol) at the Daegu District Court racing support, and on August 3, 2017, the Defendant was issued a summary order of KRW 8 million for a crime of violating the Road Traffic Act (driving of alcohol) at the Ulsan District Court on May 13, 2017.

[2] On July 4, 2017, the Defendant driven a motor vehicle under the influence of alcohol content of 0.129% while under the influence of alcohol without a motor vehicle driver's license at a section of approximately 2 km from the front of a mutually influorous restaurant in front of the same Sindo-dong on July 4, 2017 to the narrow oil station in front of the same Sindo-dong.

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. Notification of the results of crackdown on the driving of alcohol, the statement of the situation of the driver who takes the driving, the ledger of driver's licenses and making an inquiry into the vehicle;

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, and Articles 152 (1) and 43 of the Road Traffic Act (non-licensed driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 55 and Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 (1) of the same Act (Article 55 of the same Act, including the fact that the

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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