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(영문) 대구지방법원 서부지원 2016.08.26 2016고단1429
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 28, 201, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating road traffic law (driving alcohol) in the Seoggu District Court Branch Branch of the Daegu District Court on January 28, 201, and on November 27, 2014, the Defendant was sentenced to a suspended sentence of 2.5 million won for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoggu District Court Branch of the Daegu District Court on November 27, 201, and a crime of violating the Road Traffic Act (driving alcohol) and a crime of violating the Road Traffic Act (driving alcohol) for a suspended sentence

On June 15, 2016, at around 13:00, the Defendant driven a C-wing bus with alcohol content of 0.068% under the influence of alcohol content at approximately 0.068%, without obtaining a driver’s license, on a section of approximately 100 meters away from the roads near the axis located in the Yagu, Daegu-gun, Daegu-gun, Mapo-si, to the roads front of the Yagu-gun, Mapo-gun, Mapo-gun, Mapo-gun, Mapo-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: A reply to inquiry, summary information of the case, and application of the text of the judgment, such as criminal history;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include three times a fine due to drinking alcohol driving, and two times a suspended sentence. In particular, the instant crime is deemed to be committed without being aware of the fact that the Defendant had been sentenced to a suspended sentence due to drinking driving, etc. and without being aware of the fact that the instant suspended sentence was in force.

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