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(영문) 대구지방법원 김천지원 2016.09.01 2016고단503
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 21, 2016, the Defendant filed a request with this court for a summary order on April 21, 2016, and April 26, 2016, respectively.

On April 26, 2016, the Defendant: (a) was a person who violated the Road Traffic Act by drinking two or more times; and (b) was driving B-cracking car under the influence of alcohol 0.122% without obtaining a driver’s license from the front side of the Bupyeong Apartment apartment located in the Guro-gu, Sim-si to the front side of the Transport Training Institute located in the same Sim-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (attached to indictments);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the fact that there is no previous conviction other than the previous conviction of the recommendation for discretionary mitigation, the fact that it is controlled by drinking without any previous convictions for three months or more each year, the fact that the mistake is recognized, the fact that the defendant's family relationship, the defendant's environment not sufficient, etc.);

1. The main sentence of Article 62 (1) of the Criminal Act (the grounds for discretionary mitigation repeated);

1. Article 62-2 (1) of the Criminal Act concerning community service and education;

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