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(영문) 대구지방법원 상주지원 2018.06.26 2018고단119
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On November 24, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law at the Suwon District Court’s Seowon District Court’s Seowon District Court’s Seowon Branch on April 22, 2016, a summary order of KRW 1 million for the same crime from Seosan Branch of the Daejeon District Court’s Seosan Branch on April 22, 2016, and a summary order of KRW 5 million for the same crime at the Seoul Southern District Court’s Seoul Southern District Court on March 8, 2018, respectively.

[Criminal facts] On April 4, 2018, the Defendant driven B rocketing car under the influence of alcohol content of about 0.130% in blood without obtaining a driver’s license from the front of the Yellow Sing-ro in Leecheon-si to the front road of the same 200-meter-ro, Eicheon-ro in the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of regulating drinking driving, and reporting on the situation of driving under drinking;

1. The driver's license ledger;

1. Investigation report (No. 4 No. 5 of the evidence list);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List No. 13), summary order, and three copies of a summary order;

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. 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 reason for sentencing under Article 62-2 of the Criminal Act, including the instant case between the Defendant and several years, committed the crime of drinking alcohol in four or more times, and the Defendant committed the crime of driving alcohol at a certain time, taking into account the circumstances unfavorable to the Defendant, such as the fact that no driver’s license was granted at

However, it shall be considered in favor of the defendant that the defendant recognizes and reflects the crime.

The age, family relationship, and health status of the defendant.

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