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(영문) 대구지방법원 2016.06.23 2016고단1512
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who has received a summary order of KRW 700,000 from the Daegu District Court on December 9, 2003 to a fine for a violation of road traffic law (dacting driving), and a summary order of KRW 1,50,000,000 from the Seoggu District Court Branch on March 8, 2016 to a fine for the same crime.

[2] On April 9, 2016, the Defendant driven a B K7 car without a driver’s license in approximately 5km section from the front of the Yong-Namnam University Hospital located in Daegu-gu, Daegu-gu to the front of the Cheongdong-gu, Daegu-gu, for about 0.094% of alcohol concentration in blood, from around 5km to the roads of the Cheongdong-gu, Youngdong-gu, Daegu-gu, Daegu-gu, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age

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