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(영문) 대구지방법원 상주지원 2017.04.25 2017고단59
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

On May 31, 2007, the Defendant was sentenced to a fine of two million won due to a violation of road traffic laws by the Ulsan District Court. On November 12, 2009, the Defendant was sentenced to a fine of three million won due to a violation of road traffic laws (drinking) and a violation of road traffic laws (licensed driving) in the support of the Daegu District Court on November 12, 2009.

On January 31, 2017, the Defendant driven B coin truck with alcohol content of about 1k from the front of the indoor packing jum off in the village of the occupation of the city on the street around the same city to the front of the Taeyangk Center located in the same mother line, without a driver's license, while under the influence of alcohol content of about 0.121%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on detection of any suspect in violation of traffic laws (drinking, non-licenseing) on the road, report on the situation of driving a vehicle, report on detection of any driver driving a vehicle, and report on the results of regulating the driving of drinking, and report on the circumstances of

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (the previous and confirmation), and copy of the judgment, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reasons for sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order have committed the crimes of unlicensed driving and drinking driving No. 4 since 2000.

In 2010, he was sentenced to imprisonment with prison labor for 6 months by driving without the license and was sentenced to a two-year suspended sentence.

Nevertheless, the crime of this case has been committed, and the criminal liability of the defendant is heavy.

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