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(영문) 대구지방법원 서부지원 2017.10.25 2017고단545
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

[criminal history] On October 26, 2015, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating road traffic laws at the Daegu District Court (dacting driving). On January 25, 2016, the Defendant was sentenced to a fine of 5 million won for a crime of violating road traffic laws (dacting driving).

[2] On December 27, 2015, the Defendant driven B Kan-Pack’s car at a section of approximately 375-1 meters of alcohol level without a driver’s license, from around 300 meters away from the 375-1 extreme road in front of the mar-gu, Daegu-gu Manckncam cafeteria, Seoul, to the front of the mar-gu cafeteria, Seo-gu, Seoul, to the upper end of the 375-1 extreme road.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a car without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative into the ledger of driver's licenses and the main office;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Article 152 subparagraph 1, Article 43, Article 148-2 (1) 1, and Article 44-2 (1) of the Road Traffic Act concerning facts constituting a crime;

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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the criminal defendant committed the crime in this case while committing the crime in question

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

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