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(영문) 대구지방법원 경주지원 2017.05.24 2017고단115
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

[criminal history] On February 15, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law in Daegu District Court racing support, on March 5, 2013, a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving), and on May 20, 2015, a summary order of KRW 7 million for a crime of violating road traffic law (drinking driving) was issued in the Daegu District Court racing support.

[2] Although Defendant 1 had had a record of driving alcohol more than twice as above, Defendant 2 driven a car in Ctero without a driver’s license, from around 30 km-ro to about 0:30 on February 2, 2017 to about 0.132% of alcohol content in blood while under the influence of alcohol at around 0.132%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of drinking, notification of the results of crackdown on drinking driving, the ledger of driver's licenses, and making an next inquiry;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to investigation reports (the same criminal records as the suspect);

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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