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(영문) 대구지방법원 상주지원 2018.09.04 2018고단193
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 March 12, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law in the resident support of the Daegu District Court on March 12, 2014, and a summary order of KRW 1.5 million for the same crime in the same court on August 30, 2016.

[2] On June 16, 2018, the Defendant: (a) driven a Dsch Rex sports co-operation vehicle under the influence of alcohol content of 0.071% while under the influence of alcohol in the direction of 0.071%, without obtaining a driver’s license on the front of a cafeteria which is located in the middle in the middle influence of the same Eup in the middle influence of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Fact-finding reports on the driver's circumstances and inquiry about the results of crackdown on drinking driving;

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

1. Investigation report (No. 5 No. 5 of the evidence list);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (No. 17 No. 5 of the evidence list), summary order 4 of the summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's previous convictions several times, and the fact that the defendant has been punished by driving without a license during the last few years, and the fact that the defendant has come to driving without a license is considered disadvantageously.

However, the fact that the defendant recognizes and reflects the crime, and once again disposes of the car in the meaning of not driving drinking, and is also a place where he lives.

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