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(영문) 대구지방법원 김천지원 2016.09.01 2016고단1092
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2014, the Defendant received a summary order of KRW 3 million due to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million due to the same crime on March 22, 2016.

1. On March 16, 2016, the Defendant driving without a license for drinking alcohol on March 16, 2016: (a) around 22:40, the Defendant driven C high-end car under the influence of alcohol with a blood alcohol concentration of about 0.094% without obtaining a driver’s license in a section of about 500 meters from the end of theme park located in the Dobong-si in the Guro-si, Seoul Special Metropolitan City to the front road of the mountain regrasium in the same Dong.

2. On March 26, 2016, the Defendant was a person who controlled two times or more due to drunk driving as above, and on March 26, 2016, around 22:40, the Defendant driven a C low string vehicle while under the influence of alcohol with a blood alcohol concentration of about 0.104% without obtaining a driver’s license at the section of about 500 meters from the center of the central market in the Gu and Sim-si, which is in front of the bend road in the same Dong from March 26, 2016 to the bend road in the same Dong.

3. On June 13, 2016, the Defendant driving without a license on June 13, 2016: (a) around 23:30, the Defendant driven a vehicle with C low-priced driving without obtaining a driver’s license on a section of about 2 km from the front day of the Gu-U.S. Si road to the front day of the Hai-Eup at the Hai-Eup in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Hearing of the circumstantial statements of each drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records, etc. and the application of three-minutes of a summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and subparagraph 1 of Article 152 of the Road Traffic Act (the point of driving without a driver's license);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62(1) of the Criminal Act

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