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(영문) 대구지방법원 상주지원 2016.09.20 2016고단297

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten 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;

Reasons

Punishment of the crime

On August 5, 2008, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (drinking driving), etc. at the Cheongju District Court on August 5, 2008, and was sentenced to a fine of one million won due to a violation of the Road Traffic Act (drinking driving) at the resident support of the Daegu District Court on August 25, 2015.

On June 20, 2016, around 21:18, the Defendant driven B Maz car under the influence of alcohol content of 0.189% without obtaining a driver’s license from the front of the Mag-ro office in the Mag-si, the Mag-si, the Mag-si, the other side of the same 300 meters from the road in the Mag-si, the Mag-si, the other side of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of regulating the driving of alcohol, the circumstantial report on the driver who takes the driving, and investigation report (Attachment to the ledger, etc. 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;