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(영문) 대구지방법원 서부지원 2017.10.25 2017고단540
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 history] On July 9, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving) at the Seog branch of the Daegu District Court. On September 8, 2015, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving) at the Seog branch of the Daegu District Court.

[Criminal facts] On March 8, 2017, the Defendant driven BM5 car at around 600 meters away from a section of about 600 meters to the Hatropy road after the department store, while driving a 0.110 percent alcohol concentration in blood without a vehicle driver’s license.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a car without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (formers and attachment of judgment) and statutes, such as criminal history;

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

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 (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the criminal defendant committed the crime in this case while committing the crime in question

1. An order to attend a course under Article 62-2 of the Criminal Act;

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