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(영문) 대구지방법원 포항지원 2017.09.06 2017고단720
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2012, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), etc. at the port branch of the Daegu District Court on April 2, 2012, and was sentenced to a suspended sentence of KRW 1 year on July 16, 2015. On June 1, 2017, the Defendant was sentenced to a suspended sentence of KRW 1 year on April 1, 2015. On June 1, 2017, the Defendant was driving a vehicle from approximately 200 meters from the road front of the main office of the bank located in the north-gu, 0.15% under the influence of alcohol without a driver’s license at around 02:30, June 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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 a sentence of alternative imprisonment (such as the two-time driving of alcohol and one-time driving without a license, and the previous record of a suspended sentence due to drinking driving in the last three years, etc.);

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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