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(영문) 대구지방법원 2017.08.24 2017고단3553
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 December 24, 2009, the Defendant violated the duty of prohibition on driving under the influence of alcohol by receiving a summary order of KRW 2.5 million from the same court on July 15, 2016, with a fine of KRW 4 million, from the Daegu District Court on December 24, 2009.

On May 22, 2017, the Defendant driven a Bwing-III cargo vehicle with approximately 500 meters alcohol concentration at about 0.174% while under the influence of alcohol without a motor vehicle driver’s license, from the front of a restaurant where it is impossible to know the trade name in the Pyeong-gu, Gyeongcheon-gun, Gyeongbuk-gun, the Northbuk-gun, the Gyeongbuk-gun, the North Korean Government, at around 23:40 on May 22, 2017, to the front of a 500-lane apartment.

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. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.

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