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(영문) 대구지방법원 포항지원 2017.08.24 2017고단682
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On June 15, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the port branch of the Daegu District Court on the same day, and a summary order of KRW 4 million for the same crime at the same court on May 2, 2016, respectively.

[2] Although Defendant 1 driven under the influence of alcohol on two occasions, Defendant 1 driven a C-ro cruise car under the influence of alcohol with approximately 80 meters alcohol concentration of about 0.080% without obtaining a driver’s license from around 80 meters from May 20, 2017 to around the road in front of the market.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (verification of the same criminal suspect records) and statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s mistake is divided; (b) the Defendant has no particular criminal record in addition to the fine; and (c) the Defendant’s age, environment, and sexual conduct, etc., which are the conditions for sentencing specified in the argument of the instant case, shall be determined as ordered in full view of all the circumstances.

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