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(영문) 대구지방법원 서부지원 2017.05.11 2017고단262
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

On March 18, 201, the Defendant was punished two times or more for a violation of road traffic laws (drinking driving) by committing a violation of road traffic laws (drinking driving) in the Seogu District Court Branch Branch of the Daegu District Court on March 18, 201, and on October 26, 2015, by receiving a summary order of a fine of KRW 4 million from the same court as the same crime, respectively.

On December 31, 2016, around 22:00, the Defendant driven Crane car with a alcohol content of about 0.174% while under the influence of alcohol without a vehicle driver's license from the front of an elementary school to the road of about 300 meters from the front of the elementary school to the road of about 377:00 meters prior to the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. Written statements prepared by D;

1. A report on the occurrence of a traffic accident, on-site map, accident site photograph, notification of the results of the crackdown on the driving of drinking, a circumstantial report on the driver at driving, a survey report on actual condition, a ledger of driver's licenses, and a written estimate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;

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. 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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