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(영문) 대구지방법원 김천지원 2018.12.06 2018고단874
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 June 5, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon Branch on the same day, and KRW 8 million for the same crime at the same court on January 8, 2015.

In spite of the fact that the Defendant had been in violation of the drinking prohibition regulations two or more times, the Defendant driven BM 520D automobiles without obtaining a driver’s license, from the front parking lot of the Gu-U.S. Nowon-gu, Seoul Special Metropolitan City to the front road of the wedding hall, around August 4, 2018, at approximately three meters from the 3m section of blood alcohol concentration from the wedding hall to the wedding hall.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same kind of force) 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., reflective facts, and absence of criminal records exceeding fines);

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

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