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(영문) 대구지방법원 김천지원 2017.11.08 2017고단1032
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

[criminal history] The defendant was issued a summary order of a fine of KRW 700,000 as a crime of violating road traffic law in the Daegu District Court Kimcheon on May 9, 2008, and a fine of KRW 3 million as a same crime in the same court on October 6, 2016.

[2] Even if the Defendant was punished for a violation of the Road Traffic Act (drinking) more than twice as above, on June 22, 2017, the Defendant driven B Poter II cargo under the influence of alcohol content 0.061% while under the influence of alcohol without obtaining a driver’s license from around 103-3, 103-3, 144, in front of an elementary school in the Yellow Sea, 144, and 500 meters from the road in front of the old Information High School to the road in front of the old Information High School.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous conviction: A written reply to inquiry, such as criminal history;

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

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 fact that a person repeatedly drives drinking in a short period of time for sentencing on the grounds of sentencing under Article 62-2 of the Criminal Act for community service and order to attend lectures, and the age, sex, environment, circumstances after committing a crime, attitude in this court, etc. of the accused;

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