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(영문) 대구지방법원 김천지원 2016.06.10 2016고단201
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2007, the Defendant issued a summary order of KRW 3 million on August 27, 2007, with a fine of KRW 2.5 million on August 29, 2008, in the Changwon District Court's Changwon Branch's Chang Branch's subsidies for the same crime, and on October 21, 2015, with a fine of KRW 5 million on the violation of the Road Traffic Act (driving).

On February 22, 2016, at around 22:40, the Defendant driven a C-wing straw drive at approximately 500 meters section from the front of the water site in the direct jurisdiction of Kimcheon-si, Kimcheon-si to the front road of the "shick" store located in the same Dong without a driver's license, while under the influence of alcohol of about 0.076% while under the influence of alcohol during blood without a driver's license.

around 15:50 on March 13, 2016, the Defendant driven D 130 cars without the driver’s license from the end of the gravel market located in the Jung-gu Busan Metropolitan City, Jung-gu, Busan Metropolitan City to the front road. From approximately 6km to the front road, the Defendant driven D 130 cars without the driver’s license.

Summary of Evidence

"2016 Highest 201"

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;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (the same type of force), "2016 high-end 518";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1, and 43 (the point of driving without each license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes resulting from a violation of Road Traffic Act, the largest punishment for which is provided, shall be aggravated);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

1. To provide community service and attend lectures under Article 62-2 of the Criminal Act;

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