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(영문) 대구지방법원 상주지원 2018.04.24 2017고단550
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 13, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the resident support of the Daegu District Court, and a summary order of KRW 2 million for the same crime in the same court on July 9, 2012.

[Criminal facts: (1) The Defendant, at around 20:20 on October 24, 2017, driven CM5 car while under the influence of alcohol content of about 0.090% from the 1km section to the front road of the women's hall located in the same Dong, from the new head-gun cafeteria cafeteria, which is located in the Mono-si, Sin-si, Sin-si. (20:20 on October 24, 2017.

On February 1, 2018, the Defendant, on February 16, 2018, driven D Poter Cargo at a section of about 360 meters from the front of the Poter cafeteria, which is located in the front of the Dog-si, in the front of the Dog-si, the Dog-si, to the front of the Mag-ro, on the Dog-si, without obtaining a driver's license for a motor vehicle on February 1, 2018.

Summary of Evidence

. 2017 Highest 550

1. Statement by the defendant in court;

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

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. The investigation report (No. 5 No. 5 in the list of evidence); the order of dismissal 36

1. Statement by the defendant in court;

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

1. Reporting on the detection of suspected violation of traffic laws (unlicensed driving) on the road;

1. Report on internal investigation (No. 16 No. 5 of the evidence list), investigation report (No. 24 of the evidence list);

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (No. 11 No. 5 of the evidence list), and summary order under two Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment) concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) are as follows.

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