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(영문) 대구지방법원 2017.09.26 2017고단4355
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

On September 21, 2009, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on September 21, 2009, and on June 19, 2015, the Defendant was sentenced to a fine of 1.5 million won for the same crime and was sentenced to a fine of 1.5 million won for the same crime at least twice.

On July 26, 2017, at around 15:30, the Defendant driven a Brocketing car at a section of about 500 meters from the direction of a 500-meter radius to the direction of a troke troke troke troke, while under the influence of alcohol content of 0.188% with no driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Amount of Punishment (limited to cases where a person was sentenced to a suspended sentence or more for the same crime, his/her serious reflector, social ties, and social ties obviously, and he/she has no previous record of punishment);

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Persons Ordering to provide community service and attend lectures (limited to a violation of serious traffic Acts and subordinate statutes and requires systematic treatment within society for the prevention of recidivism, the possibility of improvement, seriousness of crimes, etc.);

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