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(영문) 대구지방법원 김천지원 2016.02.17 2015고단1455
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 9, 2014, the Defendant received a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon Branch. On August 28, 2015, the Defendant received a summary order of KRW 7 million for the same crime in the same court.

Defendant, as seen above, had the power to drive drinking at least twice, but around October 13, 2015, the Defendant is bended by the Donggdong-gu, Sin-si, Sin-si, Sin-si on October 13, 2015.

BMW car was driven without driver's license at approximately 500 meters from Kinindo to the front of the same Ri CU convenience store, while under the influence of 0.074% alcohol concentration in blood without driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Registers of driver's licenses, details of revocation of driver's licenses, and inquiry into the main office;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and a report on investigation (including attachment of a summary order attached to the same type of judgment) by statutes;

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. Article 53 and Article 55(1)3 of the Criminal Act (a) of the Act on Reduction of Quantities (absently, the defendant recognized all of the crimes in this case and, in contrast, would not again drive a drinking or non-licensed driving while reflecting the recognition of all of the crimes in this case);

Considering that there is no record of criminal punishment exceeding the fine for the same crime, etc.

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Article 62-2 (1) of the Criminal Act on an order to attend a course;

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