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(영문) 대구지방법원 포항지원 2017.10.18 2017고단1048
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2010, the Defendant was issued a summary order of 1.5 million won by the same court as a fine for the same crime on December 9, 2016, in the case of a violation of road traffic law (driving), etc., at the port branch of the Daegu District Court (Seoul District Court).

On August 3, 2017, the Defendant driven C rocketing car under the influence of alcohol content of 0.108%, without obtaining a driver’s license, from around 1km to around 74, Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul, to the galk-ro, Nam-gu, Nam-gu, Nam-gu, Seoul, and without obtaining a driver’s license, while under the influence of alcohol content of the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of vehicle operation;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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