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(영문) 대구지방법원 경주지원 2017.12.07 2016고단685
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 23, 2015, the Defendant issued a summary order of KRW 4 million for a violation of Road Traffic Act (driving) in Daegu District Court racing support, a violation of Road Traffic Act (non-licenseless Driving), and a summary order of KRW 4 million on January 29, 2016 by the same court as the same crime, and two times the record of punishment for drinking driving, respectively.

【Criminal facts” From around 11:10 on August 20, 2016, the Defendant driven an automobile without a motor device license in the state of under the influence of alcohol content of approximately 500 meters at approximately 0.255% at the distance of 50 meters to the front road of entrance of a general industrial complex located in the same Eup/Myeon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, without obtaining a motor device license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the occurrence of a suspected violation of the Road Traffic Act / Vehicle Management Act, report on the circumstances of the driver placed at the driving, notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, photograph of Otoo, copy of passport, copy of alien registration certificate, and

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as an investigation report (verification of the history of punishment for drinking driving), an order for summarying (in case of racing support 2432, 3138), etc.;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, 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. Article 62 (1) of the Criminal Act on the suspension of execution ( Various circumstances, including the fact that there is no past record of punishment exceeding the punishment);

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