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(영문) 대구지방법원 2016.04.21 2016고단464

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 18, 2015, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Daegu District Court on September 18, 2015, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on November 20 of the same year.

[2] On December 31, 2015, Defendant 1, who violated Article 44(1) of the Road Traffic Act two or more times, driven a B rocketing car under the influence of alcohol 0.09% in alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front of a restaurant located in the Gandong-gun, Gannam-gun, Gannam-gun, Gannam-gun, Gannam-gun, Gannam-gun, Gannam-gun, Gannam-gun, Gannam-gun, Gannam-gun, Gannan-gun, Gan-ri, 24 meters away from the front of a restaurant located in the middle of the same Eup/Myeon.

On February 2, 2016, 2016, the Defendant driven C cargo without obtaining a driver’s license from around 15km to around the 15km in front of the Taegu-si in the Gicheon-si, the Gidong-si, the Gidong-si, the Gidong-si, the Gidong-si, the Gidong-si, the Gidong-si, the Gidong-si, and the Gidong-si.

Summary of Evidence

"2016 Highest 464"

1. Statement by the defendant in court;

1. A report on results of drinking alcohol measurement and the ledger of driver's licenses;

1. Previous convictions before judgment: "Written reply to inquiry, such as criminal history, investigation report (Attachment to the previous text and a copy of the summary order)".

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 subparagraph 1 of the relevant Act on the Traffic of Roads (a point of drinking), Article 152 subparagraph 1, and Article 43 of the relevant Act on the Traffic of Roads concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Traffic Act of December 31, 2015 and a traffic Act of December 31, 2015 and a person who violates the Traffic Act of roads, and a punishment imposed on a person who violates the Road Traffic Act of more severe punishment);

1. Selection of each sentence of imprisonment;

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. The sentencing of Article 62-2 of the Criminal Act is based on the observation of protection and the order to provide community service and attend lectures.