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(영문) 대구지방법원 2016.02.16 2015고단6066
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On January 20, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court on the same day. On August 9, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act by the same court, and on August 28, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

[Criminal facts] On October 27, 2015, the Defendant did not obtain a driver’s license of a motor vehicle around 07:49, and operated a motor vehicle B at a section of about 10km from the front of the veterans’ hospital located in the Daegu-gu merchant Dong under the influence of alcohol content of 0.104% during blood, to the four-lane road of the same city land.

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 an investigation report (Attachment of the previous summary order) by statutes;

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. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. Protection and observation, community service, and order to attend lectures under Article 62-2 of the Criminal Act;

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