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(영문) 대구지방법원 김천지원 2016.02.03 2015고단1415
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2006, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving), on July 30, 2008, the summary order of KRW 2,00,000 as a fine for the same crime from the vice branch branch of the Daegu District Court on July 30, 2008, on November 2, 201, the summary order of KRW 1,50,000 as a fine for the same crime from the Daegu District Court Kimcheon support to the Daegu District Court on November 2, 201, and on November 2, 201, the summary order of KRW 7,00,000 as a fine for the same crime was issued.

Although the Defendant had had a history of driving alcohol more than twice as above, on October 29, 2015, the Defendant driven Bsch Rexton car under the influence of alcohol concentration of about 0.151% without obtaining a driver’s license from the GaS Mae-ro in the Guro-gu, Guro-si to the front road of the apartment complex, approximately approximately KRW 300 meters from the 300-meter section of the car.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. Registers of driver's licenses, inquiries into the main office, and details of revocation of driver's licenses;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (including a summary order attached thereto) to a summary order attached to the same criminal history of the suspect;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act (a) of the Act on Reduction of Quantities (absently, the defendant recognized all of the crimes in this case and, in contrast, would not again drive a drinking or non-licensed driving while reflecting the recognition of all of the crimes in this case);

The fact that there is no record of criminal punishment exceeding the fine for the same crime, and the fact that there is no record of criminal punishment in the course of the crime of this case, etc. are 1.

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