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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1493
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 10, 2010, the Defendant issued a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act (drinking driving), and on June 9, 2014, the Defendant issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon branch of the Daegu District Court on September 10, 201.

Although the Defendant had a driving force of drinking more than twice as above, on November 22, 2015, around 04:30, the Defendant driven BM5 automobiles under the influence of alcohol concentration of approximately 0.089% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the front line of the Hempart, which is located in the Nowon-gu, Nowon-gu, Seoul, to the front day of the sewage terminal treatment site in the Gumpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the owner, report on the circumstances of the owner's driver, and the register of driver's licenses;

1. Application of the provisions of Part III of inquiry, such as criminal history, and written summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Acts of transportation with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (including the fact that there is no accident that has caused serious attempts to commit a crime, and that there is no violation of his/her own mistake);

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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