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(영문) 대구지방법원 김천지원 2016.04.14 2016고단92
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2006, the Defendant received a summary order of KRW 2 million as a fine for a violation of road traffic law (drinking driving), and KRW 4 million as a fine for the same crime in the same court on July 21, 2015.

On December 13, 2015, at around 18:05, the Defendant driven a B-hurd vehicle under the influence of alcohol concentration of about 0.174% while under the influence of alcohol at around 0.174%, without obtaining a driver’s license, from the front day of Emp Kim Kim-dong, 90-1, the Matcheon-dong, the Mancheon-gun, the Gyeongbuk-gun, the Gyeongbuk-gun, the Gyeongbuk-gun, the Gyeongbuk-gun, the Nam-gun, the Nam-gun-gun, the Nam-gun, the Nam-gun-gun, the south-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of summary order;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for Reduction of Quantity (Article 55(1)3 of the same Act (Article 53 and Article 55(1)3 of the same Act provides that even if the Defendant had already been punished for driving without a license for drinking, the Defendant committed a second offense, and all of the above drinking driving had high alcohol level while driving alcohol, but the Defendant was recognized as having caused the Defendant to drive under the influence of drinking while driving under the influence of alcohol, the circumstances leading up to the Defendant’s failure to commit a fine, the circumstances leading up to the Defendant’s age, family relations, and the circumstances after committing a crime,

1. The main sentence of Article 62 (1) of the Criminal Act (the conditions favorable to the grounds for reduction of the amount of the above small-scale imprisonment);

1. The observation of protection and the community service order under Article 62-2 (1) of the Criminal Act;

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