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(영문) 대구지방법원 영덕지원 2018.07.06 2018고단78
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2014, the Defendant received a summary order of KRW 3 million from a fine of KRW 1.5 million due to a violation of road traffic laws in the Young-gu District Court Young-gu District Court Young-gu branch on September 23, 2014, and a summary order of KRW 1.5 million from a fine of KRW 1.5 million due to a violation of road traffic laws in the same court.

On April 17, 2018, the Defendant driven a car with C low-speed alcohol content of at least 0.057% while under the influence of alcohol without obtaining a driver’s license from around the front of the Dong elementary school located in the front of the Gyeong-gun, Chungcheongnam-do in the same military parallel to the direct middle-distance road located in the same military parallel.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving on the vehicle, report on the circumstances of the driver driving on the vehicle, report on the results of regulating the driving of drinking, register of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, a punishment as ordered shall be determined by taking into account the following circumstances and all of the sentencing factors indicated in the pleadings of the instant case, including the Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., and the execution of the order shall be suspended on condition that the order to attend is faithfully

The defendant has been sentenced twice to a fine due to the same crime.

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