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(영문) 대구지방법원 김천지원 2017.03.24 2016고단1000
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 26, 2006, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on October 26, 2006 and KRW 2 million for the same crime in the same court on December 16, 2009.

As above, the Defendant driven a motor vehicle under the influence of alcohol not less than twice as a person who violated Article 44(1) of the Road Traffic Act, and driven a B-type cargo vehicle with approximately 200 meters alcohol concentration of 0.206% while under the influence of alcohol without a driver’s license on the front side of the village in which it is impossible to know about about the time from July 9, 2016 to the front side of the rooftop distance in the Gu, Si, Si, Si, and Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. To inquire into the circumstances of drinking, making a report on the driving without a license, making a statement on the circumstances of the driver driving, making an inquiry about the results of regulating drinking driving, making an inquiry about the ledger of a license, the ledger of driver's licenses, and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (including the fact that the defendant reflects his/her gender, and that there is no person subject to criminal punishment exceeding a fine);

1. Article 62(1) of the Criminal Act on the suspension of execution (the above favorable circumstances);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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