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(영문) 대구지방법원 의성지원 2016.03.24 2016고단7
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2010, the Defendant was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act (drinking) in the sexual support of the Daegu District Court on July 26, 2010, and was sentenced to a fine of 5 million won by the same court on September 15, 2014.

On January 4, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle around 15:10, driven an Eunststun motor vehicle under the influence of alcohol concentration of 0.234% in front of a vinyl house owned by D in the same Gun C, even before a vinyl house owned by D in the same Gun C.

"2016 Highest 25" Defendant 1, on 01:10 on 15:10 on 201, 2016, the victim D, located in the Cheongbuk-gun C, Cheongju-gun, Cheongju-gun, the Defendant 25 on 15:10 on 201.

In doing the bath theory, the victim used assault, such as flabing flabing, etc., and operated the eunst motor vehicle, which is a dangerous object on the ground that the victim flabedddddddds the flab, and damaged the 2,545,500 won of the incidental repair cost by taking two steel-free doors of the said victim’s plastic houses (1m, 2m in width) of the said victim’s plastic houses into the above stststst motor vehicle.

Summary of Evidence

"2016 Highest 7"

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous convictions in judgment: "Written reply to inquiry, such as criminal history, 2016 order 25";

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs and estimates;

1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 (Unlicensed Driving) of the Traffic Act concerning the facts constituting an offense, Articles 369 (1) and 366 of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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