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(영문) 대구지방법원 경주지원 2016.09.28 2016고단229
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 December 12, 2014, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court and racing support, and on May 13, 2009, the Defendant issued a summary order of KRW 2 million for the same crime in the same court.

On March 25, 2016, at around 01:52, the Defendant driven B low alcohol while under the influence of alcohol, without obtaining a driver’s license, at a section of approximately 892 meters from the front side of the Doncheon-dong to the Doncheon-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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 stay of execution (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) shall be sentenced to a suspended execution only once in consideration of the fact that the defendant has a number of criminal records of the same kind of crime, but the defendant is against him and has no record of being sentenced to a suspended execution for the same crime

1. An order to attend a course under Article 62-2 of the Criminal Act;

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