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(영문) 대구지방법원 김천지원 2017.08.10 2017고단412
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 April 8, 2016, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on July 9, 2010, the same court issued a summary order of KRW 1.5 million for the same crime, respectively, on two or more occasions.

On December 23, 2016, around 23:58, the Defendant driven a D-wing truck with D-wing truck under the influence of alcohol content of 0.109% in alcohol without a driver's license, from the front of the Gu-U.S. Do-si 2, the Gu-U.S. Sim-si 1-ro 2, the same time from the front of the Gu-U.S. Do-si Do-si 1-ro 2, 1-3, 2016 to the front of the Go-si Do-Eup 21-ro 3, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Fact-finding surveys, driver's license registers, and inquiry into the association of the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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 62 (1) of the Criminal Act on the suspended execution;

1. Consideration of the overall circumstances, such as the record of drinking alcohol driving as indicated in the reasons for sentencing of Article 62-2 of the Criminal Act, the time of the crime, the numerical value of drinking in this case, the control of the police, and the fact that the police patrol and the incident have been caused while escaping;

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