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(영문) 대구지방법원 경주지원 2015.09.16 2015고단542
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On September 22, 2006, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act in the Daegu District Court and racing support on September 22, 2006, a summary order of KRW 1.5 million for the same crime in the same court on March 30, 207, and a summary order of KRW 2.5 million for the same crime in the same court on December 9, 2010, and was sentenced to a suspended sentence of KRW 2.5 million for the same crime on September 6, 201 by the same court on September 6, 201.

On May 17, 2015, at around 01:00, the Defendant driven a B-purd vehicle with approximately KRW 200 meters alcohol concentration 0.105% while under the influence of alcohol without obtaining a driver’s license in the section of about 200 meters from the vicinity of a mutually unclaimed restaurant in the Dongcheon-si, Dongcheon-si to the white distance in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report, actual condition survey report, field photograph, circumstantial report on drinking drivers, notification on the results of the influence control of drunk drivers, driver's license register, driver's license register of persons involved in a traffic accident, making an inquiry into the vehicle, estimate, and investigation report (attached to a certificate of the fact of purchasing an automobile insurance);

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (limited to strict punishment in light of repeated driving, but a suspended sentence shall be sentenced at the level of giving last opportunity);

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