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(영문) 대구지방법원 김천지원 2016.06.01 2016고단159

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 December 30, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon-cheon, and on July 24, 2015, the Defendant issued a summary order of KRW 4 million for the same crime in the same court.

On January 13, 2016, at around 21:20, the Defendant driven B K5 cars while under the influence of alcohol content of 0.061 percent at a section of about 20 meters from the street in front of a restaurant in the Pyeong Sea State of the Pyeong-gu, the Gandong-gu, the Gandong-gu, the Gandong-gun, to the original road in the same Ri, without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Taking into account the fact that driving of drinking is repeated in a short period of time for sentencing reasons under Article 62-2 of the Criminal Act, and the drinking volume, etc. of community service and lecture attendance