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(영문) 대구지방법원 경주지원 2017.05.24 2017고단124
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 July 16, 2012, the Defendant issued a summary order of KRW 500,000 for a fine of KRW 500,000 for a crime of violation of road traffic law at the Daegu District Court racing support, on March 11, 2014, a summary order of KRW 5 million for the same crime at the Ulsan District Court, and on November 25, 2016, a summary order of KRW 6 million for the same crime was issued.

[Criminal facts] On February 5, 2017, the Defendant driven B New Fran vehicle volume with approximately 500 meters alcohol content 0.095% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the portion of approximately 500 meters from the trade influence before Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Metropolitan City, a Do

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the situation report of the driver driving, the ledger of driver's licenses, and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order, etc.);

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 suspended execution;

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

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