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(영문) 대구지방법원 김천지원 2015.11.18 2015고단1030
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 January 23, 2007, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving). On June 22, 2010, the Defendant received a summary order of KRW 1 million due to a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch on June 22, 2010. On May 23, 2014, the Defendant was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch on May 23, 2014.

On August 24, 2015, at around 22:40, the Defendant driven B-G car under the influence of alcohol content of about 141 meters without obtaining a driver’s license from the section of approximately 141 meters from the front of the projectto the roads in the TG TG Tri Computer located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a driving under the influence of alcohol, report on the status of driving under the influence of alcohol drivers, and inquiry into the results of the crackdown on drinking;

1. Registers of driver's licenses and details of cancellation thereof;

1. Investigation report (including a copy of the verification of the distance from driving on the street attached to the relevant NANA (including a map on the finding of the distance from driving on the street);

1. Previous records: Application of criminal records, inquiry reports and investigation reports [including one copy of the judgment attached thereto and two copies of the summary order];

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55(1)3 of the Criminal Act (see, e., Supreme Court Decision 2008Da15488, Apr. 2, 2008) (see, 2008Da11448, Apr. 2, 201).

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