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(영문) 대구지방법원 경주지원 2017.09.28 2017고단402
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 April 11, 201, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the Daegu District Court racing support, and on November 25, 2016, a fine of five million won for a crime of violating the Road Traffic Act (driving) in the same support.

[2] Although Defendant 1 had been subject to two times punishment due to driving of alcohol as above, Defendant 2 driven a Brodi micking vehicle with approximately 100 meters alcohol concentration 0.059% while under the influence of alcohol without a driver’s license, from the front side of the Tong-gu, Sin-si, Sin-si to the narrow apartment path in the same Ri, around June 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On the road traffic law violation (driving a drinking or driving without a license), report on the detection of a suspected motor vehicle, notification of the results of regulating the driving of drinking, report on the circumstances of the driver driving a drinking, investigation report (report on the circumstances of the driver driving a driving a drinking driver), inquiry into the results of regulating the driving of drinking, and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes of the report of investigation;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 (a) of the Act on Reduction and Exemption of Small Quantity (abundance of the defendant's mistake in depth and abundance of such offense will not be committed again;

There are several extenuating circumstances, such as the fact that the person has been punished twice as a violation of the same road traffic law, the fact that the person has been punished all, the fact that the person has not been punished, the amount of alcohol taken in, and the fact that the person is the person with a disability).

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds, etc. for mitigation of the amount of punishment);

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