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(영문) 대구지방법원 김천지원 2015.05.15 2015고단321

도로교통법위반(음주운전)등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on December 27, 201, and was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) in the same support on July 26, 2011.

1. On March 15, 2015, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) on March 15, 2015, without obtaining a driver’s license on a motor vehicle on March 15, 2015. The Defendant driven a DNA cargo at a section of about 300 meters from the front of the residence of the suspect in Gumi-si, in a state of alcohol of 0.054% in the blood alcohol concentration, from the front of the dwelling of the suspect in Gumi-si, U.S. to the front of the Gumi-gu, U.S.

2. On March 25, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) on or around March 25, 2015, on or around March 25, 2015, operated the cargo vehicles described in the said paragraph (1) at the section of approximately 30km from the road in front of the Defendant’s dwelling place located in the Gu and Si-si C to the road in front of the Daegu District Public Prosecutor’s Office Kimcheon-si Office located in the Gu and Si-si Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving on a driving on a driving on a driving, report on the status of a driving on a driving on a driving on a driving on a driving on a driving on a driving on a driving on a driving on a driving on a driving on a driving, register of driver's licenses, criminal investigation report [Attachment of a suspect additional crime

1. The application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Operation) under paragraph (1) of the judgment, and the punishment specified for the preceding crimes of which punishment is grave);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavy;