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(영문) 대구지방법원 김천지원 2017.04.18 2016고단1894
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] The Defendant was issued, respectively, a summary order of KRW 1 million on June 19, 2008, a fine of KRW 1.5 million on September 5, 2014, a summary order of KRW 1.5 million on September 7, 2015, and a summary order of KRW 6 million on September 7, 2015.

[2] The Defendant: (a) was a person who violated Article 44(1) of the Road Traffic Act not less than twice by driving under drinking; (b) was driving a B-G car under the influence of alcohol with approximately 2 km alcohol content of about 0.158%, without obtaining a driver’s license, from the front day of the tear Park, which is located in the 292-dong, Young-si, Young-gu, Seoul, Seoul, about November 24, 2016, in front of the tear Park, which is located in the 2km road in the same city transmission line 451; and (c) was under the influence of alcohol content of the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same kind of force), and summary order-making statute;

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. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., that the criminal defendant reflects his/her gender, and that the criminal defendant has no record of criminal punishment exceeding the fine for

1. An order to attend a course under Article 62-2 of the Criminal Act;

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