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(영문) 대구지방법원 서부지원 2016.02.02 2015고단2137

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 March 13, 2009, the Defendant is a person who has the record of committing a violation of road traffic law (drinking driving) by receiving a summary order of a fine of two million won or more due to a violation of road traffic law (drinking driving), and on May 16, 2014, receiving a summary order of a fine of two million won or more for the same crime in the same court.

On November 16, 2015, the Defendant driven B Coin truck with approximately 1km alcohol content of about 0.115% while under the influence of alcohol without a motor vehicle driver’s license, from the end of the wood market located in the Busan Northern-gu, Daegu Northern-do to the end of the pharmacy at the estimation of approximately 260 meters each other in Seo-gu, Seo-gu to the front of the pharmacy at the same time.

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. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (A) and Acts and subordinate statutes;

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 62 (1) of the Criminal Act on the stay of execution (Consideration of confession, reflectment, drinking again, or non-licensed driving, etc.);

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