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(영문) 대구지방법원 경주지원 2015.07.08 2015고단405
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2007, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution due to a violation of the Road Traffic Act in Daegu District Court and racing support, etc., and on June 10, 2013, the Defendant was issued a summary order of KRW 4 million by the same court as a crime of violating the Road Traffic Act.

On April 24, 2015, at around 16:00, the Defendant driven a B Poter Cargo without a driver’s license, while under the influence of alcohol 0.237% of alcohol, the Defendant driven a vehicle with approximately 15km of alcohol at the front of the road in front of the children’s village in Yan-gun, Sincheon-gun, Incheon-si, and the Management Office of the New-si, New-si, Seo-si

Therefore, even though the Defendant had a record of being punished by driving a motor vehicle under the influence of alcohol more than twice, he again driven the above cargo while under the influence of alcohol, and without a driver's license, he driven the above cargo.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of a drinking driver, the report on detection of a drinking driver, the inquiry into the results of the crackdown on drinking driving, the register of driver's licenses, and the making-up of an automobile;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (Attachment to the same type of electric records, etc.);

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;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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