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(영문) 대구지방법원 경주지원 2017.05.24 2017고단105
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] On December 26, 2012, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law in the Daegu District Court racing support, etc., and on February 12, 2015, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law (driving) in the same court on February 12, 2015, and was punished for driving under drinking two times.

[2] On January 24, 2017, the Defendant, at around 23:15, went through a Lyter II cargo vehicle under the influence of alcohol concentration of 0.143% in blood without obtaining a driver’s license, and proceeded with the road boundary stone installed there.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photo, a notification of the results of crackdown on the driving of drinking, a circumstantial report on a driver driving, and the ledger of driver's licenses

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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. An order to attend a course under Article 62-2 of the Criminal Act;

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