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(영문) 대구지방법원 김천지원 2013.08.22 2013고단671
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 July 18, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on July 18, 2007; on December 14, 2010, a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) by the said court; on June 21, 2013, the Daegu District Court issued a summary order as a crime of violating the Road Traffic Act (driving) with the Daegu District Court Kimcheon-cheon Branch on June 21,

A prosecutor indicted “a summary indictment for a violation of the Road Traffic Act (D. 24 April 2013) with the Daegu District Court Kimcheon Branch of the Daegu District Court and then is still pending trial.” However, as a result of the instant search by the court of this case, the facts that the summary order was issued on June 21, 2013 can be acknowledged, and regardless of whether the above summary order was issued, the facts constituting the element of criminal facts constituting “the defendant committed a violation of Article 44(1) of the Road Traffic Act more than twice” are acknowledged, and the defendant is led to the confession of the defendant. Accordingly, it is deemed that there is no concern that a substantial disadvantage would be caused to the defendant’s exercise of his/her right to defense. Accordingly,

On May 31, 2013, at around 01:40, the Defendant driven a B Eccoo vehicle while under the influence of alcohol content of 0.132% without obtaining a driver’s license in the front section of the 30-meter radius of the road in front of the Jinho-gu, Sinsi-si.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Registers of driver's licenses, details of disposition for cancellation of driver's licenses, and disqualified meetings of the main office;

1. The application of Acts and subordinate statutes to criminal records, references to criminal records, pre-dispositions, reports on results of confirmation, and investigation reports (report on attachment of the same type of power);

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act concerning the facts constituting the crime;

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