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(영문) 대구지방법원 경주지원 2016.06.09 2016고단290
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On May 16, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating road traffic law (driving in drinking), and a summary order of KRW 4.5 million as a fine for a crime of violating road traffic law (driving in drinking), from the Daegu District Court and the racing support on November 15, 2013, respectively.

In addition, on June 24, 2015, the defendant was sentenced to a suspended sentence of two years in August, 2015 due to a violation of road traffic law (dacting driving) in the Daegu District Court and racing support.

7.2. The ruling becomes final and conclusive and currently during the suspension of execution.

2. On August 20, 2015, the Defendant: (a) around 21:15, on the day of the soup, a set set of 100 meters from the front of the “Yansansan Asian-gu,” which is located in the collection of water at both south of the Republic of Korea on the side of the racing to the front of the “natural frequency” as set forth in the same Ri, driven an EKaren-si, while under the influence of alcohol concentration of about 0.107% without obtaining a driver’s license, without driving a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. The circumstantial report of the driver of a vehicle driving, the report on detection of the driver of a vehicle driving, the inquiry of the results of crackdown on drinking, the register of driver's licenses, and the details of revocation

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment of judgment on driving under influence of alcohol), and application of respective statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant's reasons for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of a small amount are pening his/her mistake, and again, he/she does not drive drinking again;

There are many things.

However, the defendant has been sentenced to punishment for a violation of the Road Traffic Act on several occasions, and in particular, on June 24, 2015, the defendant was sentenced to the suspension of the execution for eight months of imprisonment due to a violation of the Road Traffic Act in the Daegu District Court and the racing support.

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