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(영문) 대구지방법원 김천지원 2018.11.08 2018고단409
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2008, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon on October 31, 2013, and received a summary order of KRW 7 million as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon on October 31, 2013.

Although the Defendant had been punished for drinking driving two or more times as above, on March 14, 2018, the Defendant driven B Poter truck under the influence of alcohol concentration of about 4.7 km from the front of the bus terminal located on the Gu-U.S.-U.S.-U.S.-U.S.-U.S.-U.S.-si, to the front of the Gu-U.S.-U. M.-U.S.-si, U.S.-si, U.S.-si, without a driver’s license, while under the influence of alcohol concentration of 0.128%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same kind of force);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., reflective facts, and absence of criminal records exceeding fines);

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

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