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(영문) 대구지방법원 경주지원 2017.08.31 2017고단306
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 April 8, 2002, the Defendant was sentenced to a fine of one million won due to a violation of road traffic laws (driving alcohol) by the Ulsan District Court, on August 12, 2002, the Defendant was sentenced to a fine of one million won due to a violation of road traffic laws (licenseless driving) at the port support of the Daegu District Court on August 12, 2002, and was sentenced to a fine of one million won due to a violation of road traffic laws (driving alcohol) at the Daegu District Court and its Daegu District Court on July 9, 2009, and was sentenced to a fine of one million won due to a violation of road traffic laws (driving alcohol) at the Daegu District Court and its branch support of the Daegu District Court on May 20, 2015, and was sentenced to a fine of one million won due to a violation of road traffic laws (driving without a license) at the Daegu District Court on March 14, 2016.

[2] On May 28, 2017, the Defendant: (a) driven a knife vehicle with alcohol content of at least 0.099% of the blood while under the influence of alcohol without a driver’s license, from the upper corner of the knife parking lot located in the knife-dong of Sejong-si on the same day to the knife-dong at the entrance of Ynnam-si of the above day; and (b) operated a knife vehicle without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on the occurrence of any suspected violation of traffic laws (driving without a license or non-license) on roads, reporting on the circumstances of a driver driving a drinking, notification of the results of regulating the driving of drinking, permission register, and inquiry into the results of regulating the driving of drinking;

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, a report on investigation (an investigation into the force of driving a suspect's drinking alcohol), and application of Acts and subordinate statutes to report an investigation (Attachment to the judgment related to

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 53 and Article 55(1)3 of the Criminal Act (a) of the Act on Reduction of Small Quantity refers to the defendant's attempt not to drive a drinking/free driver's license again while his/her mistake is repented in depth;

There are many circumstances, such as the fact that it is, and there is no record of punishment exceeding the fine.

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