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(영문) 대구지방법원 경주지원 2018.04.25 2018고단8
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

【Criminal Records of Crimes】 On February 1, 2013, the Defendant issued a summary order of a fine of two million won for a crime of violating road traffic laws at the port support of the Daegu District Court on February 1, 2013, and on October 28, 2016, the Defendant issued a summary order of a fine of six million won for the same crime, other than those subject to a summary order of a fine of six million won for the same crime, two times more.

【Criminal facts of the Defendant: (a) around October 29, 2017, at around 20:25, the Defendant driven a balone-line cargo vehicle with approximately 20 meters alcohol concentration of 0.063% while under the influence of alcohol during blood while under the influence of alcohol for about 0.063%, without obtaining a driver’s license from the 20-meter top of the string-line in front of the string-gu, Ansan-si, Ansan-si.

As a result, the Defendant, who violated the prohibition on drinking under the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the prohibition on driving under the same influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in the driving, investigation report (report on the situation of the driver who is placed in the driving), inquiry into the results of crackdown on the driving of drinking, and the register of driver'

1. Previous conviction in judgment: Application of the provisions of Part IV of the summary order, such as a reply to inquiry, such as criminal history, investigation report (Attachment of a summary order on the same kind of case A by the suspect), Daegu District Court and racing support 2016 Goyang 2451;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, the same sentence as the disposition is imposed.

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