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(영문) 대구지방법원 상주지원 2018.05.01 2018고단66
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 history] On October 29, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the resident support of the Daegu District Court, and a summary order of KRW 5 million for the same crime in the same court on December 11, 2017.

[2] On February 22, 2018, the Defendant, at around 20:45, driven a Drocketing car under the influence of alcohol content of 0.067% while under the influence of alcohol while under the influence of alcohol at around 0.067%, without obtaining a driver’s license in approximately 150 meters away from the road front of a villa restaurant located in the same Dong-dong at the time of permanent stay.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on internal investigation (No. 4 No. 5 of evidence list), investigation report (No. 7 of evidence list);

1. Inquiries about the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of 3 copies of the Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, investigation report (No. 14th number of evidence list), 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 grounds for sentencing under Article 62-2 of the Criminal Act shall be taken into consideration when the defendant commits a crime related to driving, such as drinking, etc. repeatedly;

However, it is considered in favor of the fact that the defendant recognizes and reflects the crime, and that the defendant seems to have disposed of the motor vehicle in the meaning of its radius, etc.

In addition, the sentencing conditions shown in the arguments and records of this case, such as the defendant's age and family relations, shall be determined as per the disposition.

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