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(영문) 대구지방법원 김천지원 2017.11.29 2017고단1355
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On June 17, 2009, the Defendant was sentenced to a fine of two million won for a violation of road traffic law in the Seosan Branch of the Daejeon District Court on March 12, 2010, and was sentenced to a summary order of a fine of three million won for the same crime in the Daegu District Court Kimcheon on March 12, 2010, and five million won for the same crime in the same court on December 2, 2016. On July 6, 2017, the Defendant appealed for two years of suspension of the execution of imprisonment with prison labor for the same crime at the same court on November 17, 2017, but the said judgment became final and conclusive on November 25, 2017.

Criminal facts

1. On July 17, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a vehicle EK5 vehicle without a driver’s license in the section of about 18 km from the road front of the 54-7 Mandong-Eup Agricultural and Industrial Complex, Gosi-si around 19:00 to the road front of the 54-7 Mandong-ro, Young-si, Seoul Special Metropolitan City, to the road front of 52km in the same day.

2. Although Defendant 2 had been punished for driving under drinking more than twice as above, Defendant 2 driven the said car under the influence of alcohol with approximately 0.089% alcohol concentration in the 40m section from July 17, 2017 to around 52, 2017, from the fluence south of the Gu-U.S.-U.S.-U.m. on the roads of the same fluence to the same fluence south-ro 52-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Registers of driver's licenses, details of revocation of driver's licenses, and inquiry into the main office;

1. Investigation report (limited to the place where drinking is driven and the distance of driving);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (reports on the criminal suspect's previous convictions, summary information of the case, and attachment of summary information of summary information of the case, written summary information of the case, etc.);

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 penalty;

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