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(영문) 대구지방법원 2016.06.09 2014고단6405
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2009, the Defendant was sentenced to a fine of one million won for a violation of road traffic laws (drinking driving) at the Daegu District Court on September 17, 2009, a fine of four million won for a violation of road traffic laws (drinking driving) and a violation of road traffic laws (drawing driving) at the same court on January 7, 2010, and a fine of five million won for a violation of road traffic laws (drinking driving) at the same court on February 7, 2013.

[2] On November 28, 2014, the Defendant, without obtaining a driver’s license for a vehicle on or around 23:15, driving a B rocketing car at approximately 150 meters from the 150-meter radius to the front road of the Dong-dong Industrial High School located in Daegu-gu, Daegu-gu, under the influence of alcohol leveling to 0.149% in alcohol level during blood.

around 14:00 on April 6, 2015, the Defendant driven a Crocketing car without obtaining a driver’s license from approximately 20km from the front of the new-dong, Daegu-dong, Daegu-dong, to the front of the new-dong, Seogu, Daegu-dong, and the Yannam-dong, Daegu-dong, and the front of the YY-dong, Daegu-dong, to around 20km.

Summary of Evidence

"2014 Highest 6405"

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and copies of the text of the judgment “2015 High Order 1811”;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 subparagraph 1 of the relevant Act on the Traffic of Roads (a point of drinking), Article 152 subparagraph 1, and Article 43 of the relevant Act on the Traffic of Roads concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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 suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the records of this case, such as the age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc., are recorded.

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