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(영문) 대구지방법원 서부지원 2018.06.20 2017고단2328
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

On July 15, 2008, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (drinking driving) in the Seogu District Court Branch Branch of the Daegu District Court on July 15, 2008, and on September 20, 2016, the Defendant was issued a summary order of KRW 4.5 million due to the same crime in the same court.

On September 8, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle from around 01:03, driven B-low-water vehicle under the influence of alcohol concentration of approximately 0.127% in a section of about 1k meters from the algorih Royal road in the Daegu-gu Pungdong to the alphypha road in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

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

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

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 on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant has already been sentenced to criminal punishment for the same crime several times, and driving without a driver's license, drinking level is high, and drinking level is high. Meanwhile, the defendant's time of committing the crime of this case, and the defendant does not repeat again, and other circumstances shown in the arguments of this case are considered.

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