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(영문) 대구지방법원 김천지원 2018.04.26 2018고단1
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 February 14, 2012, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) by supporting the Daegu District Court Kimcheon on February 14, 2012, and a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) by the same court on August 27, 2014.

On December 19, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle, driven a DCo truck with approximately 500 meters of 50 meters of alcohol from the front of the Gumi-si apartment to the front road of the same Si-type 59-1 GS25-type male, in the state of being drunk with 0.204% of alcohol content during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. The 112 Report Processing table, internal investigation report (as to the reporter and suspect's statement, situation at the time of mobilization, etc.), the statement of the driver's circumstantial situation, inquiry of the results of crackdown on drinking, internal investigation report (as to whether a person is under suspicion's drinking or not), photograph for crime prevention CCTV-caping, vehicle driver's license register, and details of revocation of driver's license;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the same type of force);

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. The sentence shall be determined as per the order, comprehensively taking into account the following factors: (a) the high level of alcohol concentration among the blood transfusions for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the record of five times punishment due to drinking or unlicensed driving; (c) the fact that there is no previous conviction exceeding the fine; (d) the background of the crime; (e) the background of the crime; (e) the defendant's age; and (e)

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