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(영문) 대구지방법원 서부지원 2018.05.16 2017고단2403
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Force of Crimes】 On July 19, 2007, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic laws (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court, and on December 9, 2013, the Defendant received a summary order of KRW 7 million for a crime of violating road traffic laws (drinking driving) in the same court.

【Criminal facts】 On September 26, 2017, the Defendant driven B Poter II cargo vehicle with approximately KRW 0.139% alcohol concentration in blood without a driver’s license on the section of approximately 1km from the front of a mix with a mutual influent distance near Pyeongtaek-gu, Daegu-gu, to the front of a mix with the compensation for the same Gu’s government bonds.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the other hand, considering the criminal record, relationship with the criminal defendant, the degree of drinking, and other various circumstances shown in the pleadings of this case);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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