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(영문) 대구지방법원 2018.12.14 2018고단4226
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

On September 29, 2017, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Daegu District Court on September 29, 201, and on December 22, 201, the same court issued a summary order of KRW 1.5 million for the same crime, respectively, and has history of violating Article 44(1) of the Road Traffic Act at least twice.

On September 10, 2018, the Defendant driven BCA 110B Orala while under the influence of alcohol content of 0.08% during blood without obtaining a driver's bicycle license for a motor device 08:20 on September 10, 2018, and operated approximately 8km from the frontway of Daegu-gu C to the same direction of D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the occurrence of a traffic accident;

1. A written inquiry about the determination of the main office;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and of each summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend a lecture, the fact that the accused has been punished for the same crime [the crime of violating the Road Traffic Act], the accused's reflects the fact that the accused has no previous conviction exceeding the fine, the accused's age, sexual behavior, environment, motive and circumstances of the crime, etc., shall be determined as the same as the disposition, taking into consideration the sentencing conditions indicated in the records;

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