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(영문) 대구지방법원 경주지원 2017.01.18 2016고단512
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

[criminal history] On October 17, 2013, the Defendant is a person who has been punished for drinking driving two times or more, by receiving a summary order of KRW 1.5 million for a crime of violation of road traffic law in the Daegu District Court and the summary order of KRW 4 million for the same crime in the same court on January 2, 2015.

[2] On June 17, 2016, at around 21:50, the Defendant driven a B Car with alcohol content of at least 0.081% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from approximately 2km section from the front day of the Dongcheon-dong, Dongcheon-dong to the front day of the new middle school located in the Yellow-si, Young-si. In addition, the Defendant driven a B car with alcohol content of at least 0.081%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the result of regulating the driving of drinking, report on the situation of the driver who takes driving, and the register of driver's licenses;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of punishment for drinking driving) statute;

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 suspension of execution (see, e.g., the same type of crime);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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