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(영문) 대구지방법원 경주지원 2016.12.22 2016고단919
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 22, 2001, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act at the Daegu District Court on June 2, 2001, and was sentenced to a fine of five million won for the crimes of violation of the Road Traffic Act at the Busan District Court on March 18, 2004. On December 29, 201, the Defendant was sentenced to a fine of two million won for the same crimes from the Daegu District Court on December 29, 2010, and was sentenced to a suspended sentence of ten months for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) in the Daegu District Court on June 11, 201, and the judgment became final and conclusive on June 19, 2015, and is currently under the suspended sentence.

【Criminal Facts】

On November 3, 2015, at around 20:55, the Defendant driven a Cco-do car under the influence of alcohol concentration of about 0.157% without a car driver’s license, from the upper 1k section of the Seoul Cheongcheon-si, Macheon-si, Seoul Macheon-si to the front Macheon-si, Macheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Report on detection of suspects in violation of the Road Traffic Act (e.g., driving without a license), notification of the results of the control of drinking driving, circumstantial report of drinking drivers, inquiry into the results of the control of drinking driving, and the register of driver's

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgments related to the same kind of power) and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

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