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(영문) 대구지방법원 서부지원 2017.11.15 2017고단788
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 27, 2010, the Defendant was issued a summary order of KRW 4 million by the same court due to the same crime, etc. in the Seo-gu District Court Branch of the Daegu District Court for the crime of violating the Road Traffic Act (driving alcohol), etc.

[2] On March 22, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol content of 0.097% without obtaining a driver’s license from a section of about 1km from the date before the Jinsing Singing Singingle, Daegu-gun, Daegu-si, to the date before the comprehensive recycling of the registered items located in the same Eup/Myeon; and (b) driven a motor vehicle under the influence of alcohol content of 0.097%.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (a copy of a summary order attached) statute;

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 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that the criminal defendant committed the crime in this case

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

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