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(영문) 대구지방법원 김천지원 2017.02.02 2016고단1430
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 2, 2010, the Defendant received a summary order of KRW 2 million from the Daegu District Court on July 2, 2010 to a fine of KRW 1,00,000 as a crime of violating road traffic laws (drinking), and from the Daegu District Court Kimcheon on November 19, 2015 to a fine of KRW 5 million as the same crime.

On September 29, 2016, at around 20:35, the Defendant driven a D Ethmp car under the influence of alcohol level of 0.079% while under the influence of alcohol level of 0.079% at a distance of about 200 meters from the front of the first apartment house in the Gumi-si, Sinsi-si, Sinsi, to the front of the same road in front of the upper-dong of the same time, without obtaining a driver's license.

On November 22, 2016, the Defendant 1831, 2016, the Defendant driven D M&A without a driver’s license from the third third-tier road in which it is impossible to know the trade name in the Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-si, Gyeongdong-si, Seoul Special Metropolitan City, which is located in the Gu, to the roads in front of the Seoul Special Metropolitan City, Sinsi-si, and the Seoul Special Metropolitan City, Sinsi-si.

Summary of Evidence

"2016 Highest 1430"

1. Statement by the defendant in court;

1. A report on the circumstances of a driver who is in charge of driving and an inquiry about the results of regulating drinking;

1. Registers of driver's licenses and detailed statements of revocation of driver's licenses;

1. Previous convictions: "Inquiry about criminal history and investigation reports (Attachment to a summary order)";

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Traffic Act and Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of two crimes];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Code of the Social Service Order is rendered.

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