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(영문) 대구지방법원 김천지원 2015.11.05 2015고단962
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 4, 2008, the Defendant was sentenced to a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, KRW 3 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 4, 2008, and sentenced to a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on September 2, 2009. In the Daegu District Court Kimcheon Branch on September 2, 2009, the Defendant was sentenced to a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 7, 2014.

1. Around 09:30 on July 19, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, without obtaining a driver’s license, at a section of about 15 km from the additional surface of the liber-gun to the 15km front road in the Gumi-si Construction Authority.

2. On July 20, 2015, the Defendant was a person who violated the Road Traffic Act by drinking not less than twice, and on July 20, 2015, the Defendant driven C-balman’s car under the influence of alcohol content of 0.219% without obtaining a driver’s license on the road in front of the New Tri-dong, Sin-si, Sin-si, Sin-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of a driver under consideration;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (a written judgment and summary order appended);

1. Subparagraph 1 of Article 152, Article 43, 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 a license without license) of each relevant Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Operation) under paragraph (2) of the judgment, and the punishment specified for the preceding crimes of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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