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(영문) 대구지방법원 경주지원 2017.09.27 2017고단362
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

[criminal history] On February 28, 2003, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic laws (non-licenseless driving) in the Daegu District Court racing support. On March 13, 2003, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of road traffic laws (driving) and a violation of road traffic laws (non-licenseless driving) in the same court on May 27, 2005. On September 24, 2009, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic laws (non-licenseless driving) in the same court on December 12, 2014. A person who was sentenced to a fine of KRW 3 million by the same court on May 27, 2005.

[2] On June 4, 2017, at around 16:00, the Defendant driven a B Sspo-type car under the influence of alcohol concentration of 0.133% while under the influence of alcohol without a driver’s license, from around the seasides of the village frily in front of the Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si to the front street.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a written statement of the driver's license, the ledger of driver's licenses, and making next inquiries;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and related judgments);

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 amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act may have the same criminal records as the accused, but it shall be considered that the accused is led

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

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

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