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(영문) 대구지방법원 2017.07.13 2017고단1760
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2012, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating road traffic law (drinking) by the Daegu District Court on September 7, 2012, and on December 2, 2016, the Defendant was sentenced to a fine of KRW 5 million by the same court on the same crime and was sentenced to a fine of KRW 5 million for a drunk driving on at least two occasions.

On March 9, 2017, the Defendant driven a C car under the influence of alcohol concentration of about 0.085% without obtaining a driver’s license from approximately 3km section from the front of the 9900 ambl-ri, Hayang-gu, Busan Metropolitan City, to the east of the same city, to the east of the ambl-ri road located in the same city.

around 10:29 on April 19, 2017, the Defendant driven a D-owned car without a driver’s license from around 300 meters from the front day of the gold laund located in Seoyang-gu, Busan Metropolitan City to the front day of the 72-school in the same Eup/Myeon-ro, from around 300 meters away from the 300-meter road in front of the non-high school located in the 72-school.

Summary of Evidence

"2017 Highest 1760"

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry into the results of crackdown on drinking driving, and the ledger of driver's licenses;

1. Previous convictions: "Written reply to inquiries, such as criminal history, 2017 Highest 2217";

1. Statement by the defendant in court;

1. Reporting on detection of any violation of the Road Traffic Act (non-licensed driving), and the application of statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of traffic laws on March 9, 2017 and a violation of traffic laws on roads, and a punishment imposed on a violation of traffic laws with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes for concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the punishment shall be aggravated to the extent that the maximum term of the above two crimes is added.]

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