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(영문) 대구지방법원 안동지원 2017.11.14 2017고단218
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

Criminal facts

[criminal history] On August 29, 2011, the Defendant was sentenced to a fine of KRW 3.5 million due to a violation of road traffic law in the support of the Daegu District Court on August 29, 201, and was sentenced to a fine of KRW 5 million due to a violation of road traffic law in the same court on March 23, 2017, and was sentenced to a fine of KRW 5 million due to a violation of road traffic law.

[Criminal facts] On April 3, 2017, the Defendant driven B Poter Cargo under the influence of alcohol level of about 0.180% from the 1km section to the roads of the Dong-dong Office of Permanent Residence (55) to the Dong-dong University, a permanent university of about 58,00, without obtaining a driver’s license for a motor vehicle on April 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Investigative into the ledger of driver's licenses and the main office;

1. Records of the judgment: References to inquiries, such as criminal history, reports on the results of investigation, and application of the statutes on investigation reports (Attachment to the same type of force);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (The following consideration shall be given to the circumstances favorable to the reasons for sentencing, family relations, etc.);

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is recognized to commit an offense, and the defendant is against himself/herself, and he/she is expected not to drinking or drive without obtaining a license again after disposing of the cargo vehicle for the reason for sentencing;

There are many things.

There is no criminal history exceeding a fine for the accused.

On the other hand, the Defendant was punished by a fine of KRW 5 million on March 23, 2017 due to a violation of the Road Traffic Act (drinking driving), and the Defendant was punished by a fine of KRW 5 million on two occasions.

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