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(영문) 대구지방법원 영덕지원 2015.05.13 2015고단49
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 21, 2014, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act in the Yeongdeungpo-gu District Court’s Yeongdeungpo-gu Branch on February 21, 2014, and was sentenced to a fine of two million won for the same crime in the same court on May 21, 2014.

Although the Defendant had been punished twice due to drunk driving, on March 16, 2015, at around 21:40, the Defendant driven a motor vehicle owned by the Defendant without obtaining a driver’s license in the section of about 500 meters from the front of the Dogwon-gun, Young-gu, North Yong-do, and around 21:45 on the same day to the front of the same Dogwon-gun, the Defendant driven a motor vehicle under the influence of alcohol concentration of about 0.066% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, the inquiry into the results of the control of drinking driving, the register of driver's licenses, and the inquiry into the vehicle;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the Act on the 3rd of a year and 2 months, but the

1. Probation and community service order under Article 62-2 of the Criminal Act;

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