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(영문) 대구지방법원 상주지원 2016.09.27 2016고단329

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On March 18, 2016, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving) in the resident support of the Daegu District Court on March 18, 2016, and on June 20, 2016, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving).

On July 28, 2016, at around 20:40, the Defendant driven a motor vehicle with B low alcohol content of at least 0.113% while under the influence of alcohol without obtaining a driver's license from the front side of a happy restaurant located in the Gu of Hagu-Eup to the front side of the same Eup-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;