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(영문) 대구지방법원 김천지원 2016.07.07 2016고단408
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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 September 4, 2009, the Defendant received a summary order of KRW 5 million for a fine of KRW 1 million due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 2 million for the same crime in the same court on July 13, 2010.

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act (driving) as above, on April 7, 2016, the Defendant driven a B observer car under the influence of alcohol concentration of about 0.094% without the driver’s license from the front side of the restaurant in which the trade name in the Gu-si, Si-si is unknown at around 20:50 on April 7, 2016 to the front side of the road in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, summary order, and copy of judgment text, such as criminal history, etc.;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Social Service Order Criminal Act repeats a license without a license for the reason of sentencing and the power of being sentenced to a suspended sentence due to a license driving without a license is not good. However, the punishment as ordered shall be determined by taking into account the following: (a) although the wife after the meals to his family members was in the hospital where the wife was carrying the multilateral family members and was in the hospital; and (b) recognition of mistake and reflects it; and (c) etc.

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