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(영문) 대구지방법원 서부지원 2017.11.22 2017고단851
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 Records of Crimes】 On April 6, 2007, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic laws at the Daegu District Court on the following grounds: (a) on December 24, 2015, the Defendant was sentenced to a summary order of two million won for a crime of violating road traffic laws (driving) at the Seog branch court of the Daegu District Court on December 24, 2015.

【Criminal facts】 On March 27, 2017, the Defendant driven B spawn-down cargo without a driver’s license while under the influence of alcohol leveling 0.118% while under the influence of alcohol leveling 0.18% from the front side of “Sriwon cafeteria,” located in the Daegu Seo-gu, Daegu-gu, Daegu-gu, to the front side of “Sriwon cafeteria cafeteria” to the front side of the said 15 meters-ro 72-ro.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of drinking control, circumstantial statement report, and inquiry into the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous review of criminal history);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road 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 62 (1) of the Criminal Act suspended execution (see, e.g., the fact that the criminal defendant committed the crime in this case, and the driving distance, drinking volume, etc.);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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