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(영문) 대구지방법원 영덕지원 2015.04.08 2015고단26
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

I. On May 17, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Yeongdeungpo-gu District Court’s Yeongdeungpo-gu District Court’s Yeongdeungpo-gu branch on May 17, 201, and was sentenced to a fine of KRW 3 million for the same crime in the same court on August 20, 2014.

II. The Defendant, as seen above, had been subject to punishment twice due to drinking driving, once again driven a C EF Soon car with approximately 8 K KK alcohol concentration 0.152% under the influence of alcohol without obtaining a driver’s license from the road located in the Yong-gu, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City on February 13, 2015 to the 21:27th day of the same day from the road located in the Nam-gu, Young-gu, Seoul Special Metropolitan City on February 13, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the situation of a drinking driver, the register of driver's licenses, and making an inquiry into the vehicle;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, and Acts and subordinate statutes to report criminal investigations;

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 concurrences and selective punishment (limited to punishment imposed on a person who violates the Road Traffic Act, heavier than punishment, and choice of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant has committed the crime late or late, and that he appears to have committed the instant crime while returning home after contact with his wife)

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

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