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(영문) 대구지방법원 경주지원 2017.11.23 2017고단632
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 Records of Crimes】 On June 10, 2009, the Defendant was issued a summary order of a fine of two million won at the Daegu District Court racing support, and on July 4, 2016, the same court issued a summary order of a fine of five million won due to the same crime in the same court on July 4, 2016, and was punished for a violation of the Road Traffic Act (driving) on more than four occasions.

【Criminal fact-finding on August 22, 2017, the Defendant, without obtaining a motor device license from around 20:40 to around 1.6 km section of approximately 1.6km from the center of Sungdong-dong, Sungdong-dong to the roads front of the same Young Village, operated a motor motor device CCA 110B (Mod 108CC) under the influence of alcohol content 0.098% while under the influence of alcohol during blood.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the same influence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on detection of any suspected motor vehicle under the Traffic Act (driving, driving without a license), notification of the results of regulating the driving of alcohol, report on the circumstances of the driver driving, investigation report (report on the circumstances of the driver driving), register of driver's licenses, details of revocation of driver's licenses, and inquiry of the results of regulating the driving of alcohol;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, (A), a report of investigation (Attachment to a summary order, etc. of the same kind of record A by the suspect), and a sentence 6 of the judgment;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, 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 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (a) of the Punishment of Small and Medium Business Act (a defendant who repents his/her mistake and again commits such an offense shall not be avoided;

various circumstances, such as the fact that the penalty exceeds the fine, the fact that there is no record of punishment, etc.

1. Article 62(1) of the Criminal Act (the foregoing.)

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