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(영문) 대구지방법원 김천지원 2015.04.08 2015고단74
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

The Defendant, at the Daegu District Court on April 26, 2010, has a record of being sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act, from May 27, 201 to a fine of KRW 2 million for the same crime in the Daegu District Court Kimcheon Branch on May 27, 201, and from June 7, 201 to a fine of KRW 5 million for the same crime in the same court.

1. The Defendant, on December 2, 2014, driven a BM5 vehicle under the influence of alcohol by 0.102% without obtaining a driver’s license in the section of about 20km from the front of the two-meter radius to the agricultural company located in the erosium in Kimcheon-si, Chungcheongnam-si, the Northwest-gun, the Northwest-gun, the Seoul Special Metropolitan City Mayor, around 02:00 on December 2, 2014.

2. On December 5, 2014, the Defendant was driving a BM5 vehicle under the influence of alcohol of about 0.091%, without obtaining a driver’s license, from the two trokes in front of the two trokes, in the northwest-gun, Chungcheongnam-gun, the Northwest-gun, the Gyeongcheon-si, to the roads in front of the spon ballast, in Kimcheon-si, on December 5, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each drinking driver, each report on his/her state of standing statement, and each report on the control of drinking driving;

1. Registers of driver's licenses, disqualified documents of the main office, and detailed statements of revocation of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (verification reports on the same criminal records) Acts and subordinate statutes;

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

1. Articles 40 and 50 of each Criminal Code for the commercial concurrence (or each violation of the Road Traffic Act at the time of marketing) and the violation of the Road Traffic Act (or each one of the crimes of driving without a license).

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