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(영문) 대구지방법원 경주지원 2016.08.18 2016고단244
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 5, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court and racing support, and on November 16, 2015, a fine of KRW 2 million for a crime of violating the Road Traffic Act in the same court on November 16, 2015, and was punished for driving under drinking two or more times.

【Criminal fact-finding on March 13, 2016, the Defendant driven B K5 cars while under the influence of alcohol content of 0.058% without obtaining a driver’s license from approximately 200 meters from the front of the 3rd apartment complex located in the Yellowdong on the same day from March 13, 2016 to the ice of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the detection of any suspected violation of traffic laws (drinking, driving without a license) on the road, notification of the results of crackdown on the driving of alcohol, report on the situation of the driver under driving, inquiry of the results of crackdown on the driving of alcohol, and the register of driver's licenses (A

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A), investigation report (former and confirmation), and summary order ( Daegu District Court Decision 2015 High Court Decision 1097, etc.), and statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. Article 62 (1) of the Criminal Act on the suspended execution;

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