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(영문) 대구지방법원 경주지원 2017.08.31 2017고단322
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 history] On March 6, 2002, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Ulsan District Court on March 10, 201, sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Daegu District Court on March 10, 201. On February 1, 2012, the Defendant was sentenced to a fine of KRW 1 million as a crime of violating the Road Traffic Act (driving without a license) at the Daegu District Court and its branch on February 1, 2012. On March 17, 2015, the Defendant was sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Daegu District Court and was sentenced to a fine of KRW 3 million as a crime

[ 범죄사실] 피고인은 2017. 6. 17. 20:15 경 경주시 성동동에 있는 정이품 쭈꾸미 식당 앞 노상으로부터 위 일 시경 경주시 성건동에 있는 영마을 삼거리 앞 노상에 이르기까지 약 700m 구간에서 혈 중 알콜 농도 0.068% 의 술에 취한 상태로 자동차 운전면허 없이 B 아우 디 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting on the occurrence of any suspected violation of the Traffic Act (driving without a license or non-license) on the road, reporting on the circumstances of the driver driving, notification of the results of regulating the driving of drinking, inquiry into the results of crackdown on the driving of drinking, details of the revocation of the driver's license, the ledger of driver's license/motor vehicle

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (an investigation into the force of driving a suspect's drinking alcohol), and application of Acts and subordinate statutes to report an investigation (Attachment to the previous and related

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 53 and Article 55(1)3 of the Criminal Act (a) of the Act on Reduction of Small Quantity (a) that the defendant does not drive a drinking/free license again while the defendant repents his/her mistake;

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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