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(영문) 대구지방법원 김천지원 2016.07.07 2016고단407
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 December 3, 2007, the Defendant received a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 5 million by the same court on May 12, 2014.

Although the Defendant had been punished for committing a violation of the Road Traffic Act (drinking) more than twice as above, on April 5, 2016, the Defendant driven a D EF rocketing car under the influence of alcohol concentration of about 0.118% in the section of approximately 2km from the front of the mountain marc restaurant located in the Gumipo-si, Sinpo-si on April 5, 2016 to the front of the two marc police boxes located in the same Sinpo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

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

1. Selection of imprisonment with prison labor chosen;

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. Although there is a record of causing traffic accidents during the sentencing of Article 62-2(1) of the Criminal Act, the nature of the crime is not good even though the driving without a license for drinking alcohol is repeated while driving for the reason of sentencing under Article 62-2(1) of the Criminal Act. However, the fact that a person disposes of a motor vehicle against the mistake, there is no punishment for a suspended sentence or heavier, and the punishment is determined as ordered in consideration of family

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