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(영문) 대구지방법원 상주지원 2016.08.30 2016고단183
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[criminal record] On January 29, 2004, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the resident support of the Daegu District Court on the same day. On June 10, 2009, the Defendant was issued a summary order of a fine of one million won for the same crime in the same court. On March 11, 2013, the Defendant was issued a summary order of five million won for the same crime in the same court. On November 26, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime and became final and conclusive on December 4, 2013.

"2016 Highest 183"

1. On May 17, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a DNA cargo vehicle without the driver’s license in the street section from the Defendant’s office located in B to the front of the C village at the time of staying there on May 17, 2016.

2. Although the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (free license driving) on at least two occasions, the Defendant, as seen above, driven a DNA cargo vehicle without a driver’s license in the state of alcohol alcohol concentration of about 0.138% from the Defendant’s debate in front of the C Village at around May 17, 2016 to the agricultural roads located at the Cheongri-ri-ri, Cheongri-ri, at the time of stay at around 20:15 on May 17, 2016.

"2016 Highest 273"

3. On June 22, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a DNA cargo vehicle without obtaining a driver’s license from the front of the Defendant’s residence located in B at around 15:10 on June 22, 2016 to the front of the resident high school located in 117 in the same city.

Summary of Evidence

【Criminal Records】

1. References to inquiries, such as criminal history, investigation reports (formers and previouss) (2016 order 183);

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, a report on the circumstances of driving of alcohol, and the register of driver's licenses of motor vehicles;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. The Road Traffic Act applicable to criminal facts;

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