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(영문) 대구지방법원 경주지원 2017.08.23 2017고단296
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 history] On May 25, 2005, the Defendant was sentenced to a fine of one million won as a crime of violating road traffic law in the Daegu District Court and racing support. On April 13, 2009, the Defendant was sentenced to a fine of one million won for the same crime in the same court on April 13, 2009, and was sentenced to a fine of one hundred and fifty thousand won for the same crime on July 15, 2016.

[2] On May 22, 2017, the Defendant driven B rocketing car under the influence of alcohol content of 0.071% in the blood without a driver’s license from the Galk Station parking lot located in Yancheon-si, Yancheon-si, Yancheon-si, Yancheon-si, to the point before the decentralization of the above day-si, Yan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on occurrence of a case that is suspected to violate the Traffic Act on the road, report on the situation of a driver driving, notification of the results of regulating the driving of alcohol, details of revocation of driver's license, inquiry into the results of crackdown on the driving of alcohol, and inquiry into the register of driver's licenses/motor vehicle register

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and related judgments);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (with the same history of several times, consideration shall be given, such as the confession of the defendant, the fact that the defendant does not have any history exceeding the fine, and the drinking volume is relatively minor);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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

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