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(영문) 대구지방법원 김천지원 2017.11.07 2016고단571
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 April 7, 2010, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating road traffic law in the Daejeon District Court’s Support on the Incheon District Court’s 2010, and was sentenced to a fine of KRW 2 million for the same crime at the Daegu District Court on February 29, 2016.

[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 driven a motor vehicle driver’s license on April 4, 2016 without obtaining a motor vehicle driver’s license in the state of alcohol 0.147% from the 50-meter section of the blood alcohol concentration from the front of the vehicle in the Republic of Korea in the vicinity of 15-5 of the 19-Gu, Sinsi-si, Gunsi-si to the front of the 82-dong, Gunsi-dong, Sinsi-si to the front of the 19-dong, Gunsi-si, Sinsi-si.

Summary of Evidence

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

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. A written appraisal;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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;

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