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(영문) 대구지방법원 경주지원 2015.04.29 2015고단140
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2007, the Defendant issued a summary order of KRW 1 million to a fine of KRW 1 million for a violation of the Road Traffic Act in Daegu District Court racing support; on April 1, 2009, a summary order of KRW 3 million was issued to the Ulsan District Court for a violation of the Road Traffic Act; on February 6, 2013, the Defendant was sentenced to a suspended sentence of KRW 1 year for a violation of the Road Traffic Act in Daegu District Court racing support on at least two occasions. On January 11, 2015, the Defendant was under the influence of Article 44 (1) of the Road Traffic Act without obtaining a driver’s license for a violation of the Road Traffic Act from around 80 meters to the road in front of the Yongdong-dong, Seodong-dong, Daegu District Court at around 11:47, 2015.

Summary of Evidence

1. Defendant's legal statement;

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

1. Two copies of a report on the occurrence of a traffic accident, a report on actual condition, a field photograph, a report on the detection of a drinking driver, a circumstantial report on a drinking driver, a report on the results of the control of drinking drivers, a ledger of driver's licenses (Defendant), a register of teas (B), and a mandatory insurance association;

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

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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