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(영문) 대구지방법원 2016.01.14 2015고단4430
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

[criminal history] On June 8, 2011, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving), etc. by the Daegu District Court, and on June 20, 2014, the same court received a summary order of KRW 4 million due to a crime of violating the Road Traffic Act (driving).

[Criminal facts] On July 12, 2015, the Defendant driven B-low-income car under the influence of alcohol level of about 0.114% without obtaining a driver’s license in the section of approximately 1.5 km from the half-distance road in the half-gu, Daegu, Daegu, 2095 to the 611 street in accordance with the former half-gu, Daegu, Daegu, 2015.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car without obtaining a driver's license in the influence of alcohol.

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 written inquiries about criminal history and other Acts and subordinate statutes;

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 suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);

1. Article 62-2 of the Criminal Act on community service or lecture attendance order;

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