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(영문) 대구지방법원 포항지원 2017.11.30 2017고단1284
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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, 2015, the Defendant was issued a summary order of KRW 4 million by the same court as the same crime in the case of a violation of road traffic laws (dacting driving) at the port branch of the Daegu District Court (Tgu District Court) on October 1, 2015 and a fine of KRW 4 million by the same court.

[2] Although Defendant 1 was punished twice or more due to drinking driving, Defendant 2 driven BM car from around 1 km in the section of BM car from around October 10, 2017 to the front of the alcohol distance in the BM car in the BM-dong, under the influence of alcohol content of 0.140% in blood without a driver’s license, such as a car around 01:10 on October 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (Attachment to the same type of power), and statutes;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s mistake is divided; (b) the Defendant has no particular criminal record in addition to the fine; and (c) the Defendant’s age, environment, and sexual conduct, etc., which are the conditions for sentencing specified in the argument of the instant case, shall be determined as ordered in full view of all the circumstances.

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