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(영문) 대구지방법원 2017.12.07 2017고단5749
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) and a violation of Road Traffic Act at the Daegu District Court on June 15, 2017, and was sentenced to a suspended sentence of two years on the 23th of the same month, which became final and conclusive on the 20th of the same month.

[Criminal facts] On September 1, 2017, the Defendant driven D Launa car under the influence of alcohol content of 0.098% while under the influence of alcohol without obtaining a driver’s license from around 700 meters from the front of the Defendant’s house located in the Doldong-gun B to the front road of the same military branch C.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and the response letter requested for appraisal;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. On June 15, 2017, the reason for sentencing selective imprisonment with prison labor is that the defendant was sentenced to a suspended sentence of two years for a year due to a violation of the Road Traffic Act and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) at the Daegu District Court on the grounds of a violation of the Road Traffic Act and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination), and the circumstances favorable to the defendant's age, family and support relationship, the motive and circumstances of the crime, and other various factors indicated in the arguments of this case, such as the defendant's age, family and support relationship, the motive and circumstances of the crime, and the circumstances after the crime, etc., and the sentence is determined as above.

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