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(영문) 대구지방법원 김천지원 2015.11.25 2015고단1079
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

1. On July 5, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) around 23:00 on July 5, 2015, the Defendant driven a CST5 car without a driver’s license at a section of approximately 13 km from the front of the Defendant’s residence located in the Glock Zone B of the Gyeongbuk-gun, to the front of the “Pshnbry” located in the Gu, Sinsi-dong from the front of the Defendant’s residence to the front of the “Sshn

2. On July 6, 2015, the Defendant driven CM5 vehicle under the influence of alcohol 0.160% (blood collection) without a vehicle driver’s license on July 6, 2015 from the main point of “Pshnbry”, which is located in the Jinasi-si, Jinsi-si on July 6, 2015, to the front road of “Pshnbry” located in the Jinsi-si, Sinsi-dong 847-6.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Investigation report (including the verification of the distance of drinking alcohol and driving by a suspect (including the attached NAV output);

1. A report on the situation of running a motor vehicle under the influence of alcohol, a report on detection of a motor vehicle under the influence of alcohol drivers, and a written appraisal of blood alcohol;

1. Registers of driver's licenses, details of revocation of driver's licenses, and disqualified meetings of main office;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports [including a copy of the summary order attached thereto]-related Acts and subordinate statutes;

1. Subparagraph 1 of Article 152, Article 43, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under a license without permission) of each relevant Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act referred to in paragraph (2) and the violation of the Road Traffic Act (unlicensed Operation) and the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

1. The defendant under Article 62 (1) of the Criminal Act of the suspended execution;

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