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(영문) 대구지방법원 김천지원 2015.10.08 2015고단815

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2013, the Defendant was sentenced to a fine of 3.5 million won for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do branch on March 20, 2013, and was sentenced to a summary order of 1 million won for the same crime in the same court on March 11, 2015.

The defendant is a person who drives a B-End-Wurt Motor Vehicle.

1. The Defendant violated the Road Traffic Act (unlicensed Driving) from February 17, 2015 to May 17, 2015, even though the validity of the license for driving was suspended, the Defendant was driving from the Samsung Apartment apartment around 08:30 on March 7, 2015 to the upper end of the 1.5km of the 1.5m radius from the front end of the stove boiler’s new stove in the same city export at around 08:30 on March 7, 2015 to the front end of the stoveel stove in the same city, from around 22:00 on the same day to the front end of the stove stove ice stove in the same city from the front end of the stove s to the front end of the stove stove of the stove in the same city at around 23:00 on the same day.

2. Around March 23, 2015, the Defendant violated the Road Traffic Act (driving a sound driving) operated the said Amp-hurged vehicle under the influence of alcohol content of 0.113% at a distance of about 5km from around the Inndong distance, which was located in the Dong-dong of the Gu-si in the Gu-si, Si-si, Seoul, to approximately 5km from around 0.13:0.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, a report on the actual state of a driver, a report on the occurrence of a traffic accident, an on-site, and a driver's license register

1. The application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not before the disposition, and results of confirmation;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation Criminal Act;