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(영문) 대구지방법원 영덕지원 2018.04.25 2017고단270
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

[2] On May 22, 2014, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s branch branch, and on January 17, 2017, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Busan District Court.

On October 18, 2017, at around 13:30 on October 18, 2017, the Defendant driven a car with C low-priced paint without a driver’s license while under the influence of alcohol content of 0.170% in blood on the road before a police box for the death and change of the dead side of the Gungjin-gun, North Korea.

[2017 Highest 282] On October 21, 2017, the Defendant driven a motor vehicle in the section of about 15km without a motor vehicle driver’s license, from around 26 minutes to the new intersection in the same group, from the center of Ulsan-gun, Chungcheongnam-do, Seoul Special Metropolitan City on October 21, 2017.

Summary of Evidence

[2017 Highest 270]

1. Statement of the defendant in the first trial record;

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

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (verification of such type of force);

1. Statement of the defendant in the second public trial records;

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of the case, report on the situation of unlicensed driving, report on internal death, ledger of driver's license for automobiles, and car-type inquiry;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a person who violates the Road Traffic Act and a person who violates the Road Traffic Act (a person who drives without a license) on October 18, 2017, and the punishment provided for the crime of a person who violates the Road Traffic Act (a person who drives without a license) with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be imposed on a person who violates the Road Traffic Act with heavier punishment).

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