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(영문) 대구지방법원 서부지원 2016.06.17 2016고단663
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 31, 2006, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on August 31, 2006, and issued a summary order of KRW 4 million for the same crime at the same court on October 2, 2015.

On March 20, 2016, the Defendant, while under the influence of alcohol level of 0.144% among blood transfusions on around 14:35, the Defendant, without a driver’s license, driven Bho-do car at approximately 300 meters from the front day of the “highly cafeteria,” located in the Dag-gu Seoul Special Metropolitan City, Daegu, without a driver’s license, to the front day of the street in the same Ri.

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 convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend lectures, had the record of being sentenced to a fine of four times due to drinking driving, and one time due to non-licensed driving, and the degree of alcohol content in blood was high, so the sentence of imprisonment is chosen, and the execution of the sentence shall be suspended only once, taking into account the fact that the reason for sentencing under Article 62-2 of the Criminal Act has already been punished,

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