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(영문) 대구지방법원 2017.06.15 2017고단1902
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2007, the Defendant issued a summary order of KRW 1 million for the violation of the Road Traffic Act (drinking driving) and the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents. On July 28, 2014, the Defendant violated the duty of prohibition of driving under the influence of alcohol on at least two occasions by receiving a summary order of KRW 4 million due to a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving).

On March 30, 2017, at around 20:55, the Defendant driven B K7 car under the influence of alcohol leveling to 0.119% without obtaining a driver’s license on the section of approximately 100 meters, from the front side of “the old day,” “the old city, west,” in the Gyeong-si, Gyeong-si, Gyeong-si, Gyeongbuk-si, Gyeongbuk-do, to the front side of “Posi-dong,” located in the Gyeong-si, Gyeong-si, Gyeong-do.

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 an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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. 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. The reason for sentencing under Article 62-2 of the Criminal Act, the number of times and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and other various reasons for sentencing as shown in the argument of this case, such as the circumstances after the crime, shall be determined as ordered.

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