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(영문) 대구지방법원 경주지원 2016.04.27 2015고단900
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 2, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on May 23, 2014, the Defendant was sentenced to a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court and the same court issued a fine of KRW 6 million on May 23, 201, respectively.

Nevertheless, on August 2, 2015, the Defendant driven Cma business cars under the influence of alcohol content of 0.248% while under the influence of alcohol without obtaining a driver's license from around 3 km section from the front of a mutually influent restaurant to the racing in the Yellow-dong, Young-si, Pela.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement on the circumstances of driving under the influence of alcohol, and the driver's license register;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the person who has been punished twice or more due to driving under drinking)-related 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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