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(영문) 대구지방법원 김천지원 2015.12.09 2015고단1162
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the Daegu District Court on May 16, 2008, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and the summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on August 31, 2009, respectively.

At around 23:40 on September 2, 2015, the Defendant, despite the foregoing two or more occasions of drinking driving skills, driven B-low-income cars under the influence of alcohol with approximately 500 meters of alcohol alcohol level 0.173% without obtaining a driving license from the end of the net fedbbbb, in which it is difficult to identify the trade name in the deep-dong central market in the Gu-U.S. Pyeong-si, Nowon-si, Seoul to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving without a license, report on the state of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, and the statement of the state of

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, investigation reports (reports on the confirmation, etc. of criminal records of the same kind of crime as a suspect), previous records of disposition and results of confirmation, two copies of report on the results of confirmation, and application of two copies of summary order-related Acts

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da1248, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under the Criminal Act;

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