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(영문) 대구지방법원 김천지원 2015.10.07 2015고단712
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

[criminal power] On March 31, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and on November 23, 201, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (driving) in the same court on November 23, 201. On February 11, 2014, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice by being sentenced to a fine of five million won for a crime of violating the Road Traffic Act (driving).

[2015 Highest 712] Although the Defendant had had a history of driving under the influence of alcohol more than twice as above, the Defendant driven D 49C 10cc under the influence of alcohol while under the influence of alcohol with approximately 0.065% of alcohol concentration at approximately 1km from the front of Kimcheon-si to the front road of the convenience store in the same Siamamamamb, around 18:0 on June 5, 2015.

[2015 Highest 949] Although the Defendant had had a history of driving under the influence of alcohol more than twice as above, the Defendant driven D 49C occ under the influence of alcohol content 0.117% under the influence of alcohol while under the influence of under the influence of alcohol 0.17% without obtaining a driver’s license from around 18:00 on July 29, 2015 to next roads of agricultural products joint markets located in the same city from the roads of Kimcheon-si, Kimcheon-si to the roads of agricultural products joint markets located in the same city.

Summary of Evidence

[2015 Highest 712]

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses, details of revocation of driver's licenses, and disqualified meetings of the main office [2015 Height9]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The register of driver's licenses (previous record on market);

1. An inquiry report, such as a criminal history;

1. [ [Attachment 2015 Highest 712] Application of Acts and subordinate statutes to a criminal report [including a report on the confirmation of criminal records of the same kind of crime (including attached summary order and a copy of the judgment] among the evidence records

1. Each corresponding provision of the Road Traffic Act concerning the facts constituting the crime; and

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