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(영문) 대구지방법원 서부지원 2016.05.26 2016고단533
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 Records of Crimes】 On January 19, 2012, the Defendant received a summary order of KRW 1,500,000 from the Seo-gu District Court Branch of the Daegu District Court to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act. On September 4, 2012, the Defendant received a summary order of KRW 5 million as the same crime in the same court.

【Criminal facts” around February 27, 2016: (a) the Defendant driven a fluordial car at approximately 300 meters away from the front of the plastic house No. 17, the 17th Embri-gu Seoul Special Metropolitan City in the Yagu Special Metropolitan City, while under the influence of alcohol of 0.073% in blood alcohol during blood without a driver’s license, to the front of the 300-meter road in the same Ri from the front of the plastic house No. 17, to the front of the same Ri.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on circumstances, and report on the circumstances of driving at home;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of driving record (Attachment to a summary order) by Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. 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 stay of execution (see, e.g., the confession and reflective attitude, the fact that there is no criminal record exceeding the fine, the degree of the criminal defendant's main driving, the circumstances of his/her drinking, and the distance from driving

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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