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(영문) 대구지방법원 상주지원 2019.02.12 2018고단272
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 18, 2017, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) in the Daegu District Court resident support on December 18, 2017, and a summary order of KRW 5 million for the same crime in the same court on July 2, 2018.

【Criminal Facts】

On October 2, 2018, at around 20:50, the Defendant driven a DNA cruise car with approximately 500 meters alcohol concentration 0.074% while under the influence of alcohol without obtaining a driver's license from around 500 meters in front of the apartment C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the regulation of drinking driving, report on the situation of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. Registers of driver's licenses, disqualified meetings of the main office, and car screening;

1. Investigation report (No. 4 No. 5 of the evidence list);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (No. 13 No. 13) and application of Acts and subordinate statutes attached to summary orders;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant recognizes and reflects the crime, and that the defendant again does not drive under the influence of alcohol);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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