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(영문) 대구지방법원 2017.06.15 2017고단1901
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

On June 11, 2007, the Defendant issued a summary order of KRW 2 million due to a violation of road traffic law (drinking driving), etc. at the Seog branch of the Daegu District Court, and on June 4, 2013, at the Seog branch of the Daegu District Court, the Defendant violated the duty of prohibition of driving under the influence of alcohol more than twice by receiving a summary order of KRW 3 million due to a violation of road traffic law (drinking driving).

On March 19, 2017, at around 09:10, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.108% during blood alcohol without obtaining a driver’s license from the front side of the “Unborn Party,” located on the (west Change) of the west-gu Northwest-gu, Daegu to the North Daegu-gu, 121 and (west Change) southwest-ro 121. (west Change) of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on the driving of alcohol, the driver's license ledger, and making an inquiry into the enemy;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal history and attachment of summary order) by Acts and subordinate statutes;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

The defendant has been punished several times for the same kind of crime in the past, and the above punishment records include the suspended sentence sentenced by the court in 2008, but also committed this crime.

The defendant from around 2008.

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