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(영문) 대구지방법원 서부지원 2016.08.04 2016고단1013
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

【Criminal Records of Crimes】 On March 12, 2007, the Defendant received a summary order of a fine of one million won or more for a violation of road traffic laws at the Daegu District Court on April 7, 2009, a fine of one million won or more for the same crime from the Seo branch branch of the Daegu District Court on April 7, 2009, and a fine of eight million won or more for the same crime from the Seo branch of the Daegu District Court on July 21, 2014.

【Criminal facts】 On May 17, 2016, the Defendant driven B, while under the influence of alcohol leveling 0.17% without a driver’s license, at a section of about 40 meters around the day before the general restaurant in front of the general restaurant in Daegu-gun, Daegu-si, the Defendant driven B, while under the influence of alcohol leveling 0.177% in front of the general restaurant in front of the general restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. A written appraisal of alcohol during blood;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decisions

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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