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(영문) 대구지방법원 김천지원 2018.04.25 2017고단368
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant was issued a summary order of KRW 4 million on March 21, 201, a fine of KRW 1 million on March 21, 201, and a fine of KRW 4 million on May 4, 2015 by this court, respectively.

On March 15, 2017, at around 03:00, the Defendant driven B B non-stop motor vehicles with a alcohol concentration of about 0.130% under the influence of alcohol without a motor vehicle driver's license from about 2K meters in front of the directors' office located in the Sinsi-si, Sinsi-si, Seoul, to the front road of about 0.3 square meters in front of the same Dong.

Summary of Evidence

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

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Inquiries into the ledger of driver's licenses and inquiries about details of driver's licenses revocation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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

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. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act concerning orders to provide community service and attend lectures;

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