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(영문) 대구지방법원 영덕지원 2016.11.09 2016고단178
도로교통법위반(음주운전)등
Text

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

On January 28, 2009, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, a summary order of KRW 1,500,000 as a fine for the same crime from the Daegu District Court on May 27, 2010, and a summary order of KRW 5,00,000 as a fine for the same crime from the Yeongdeungpo District Court’s Yeongdeungpo Branch on June 24, 2015, respectively.

On July 1, 2016, at around 23:20, the Defendant driven C Poter Cargo Vehicles with a blood alcohol concentration of about 0.144%, without obtaining a driver’s license, from the terminal of 4497 in the East Sea to the national highways of about 40 meters in the preceding 7th.

Summary of Evidence

Defendant’s legal statement

D's written statement, a traffic accident report, a notification of the results of drinking driving control, a report on the actual condition of a driver, a survey report, a field report, an accident scene map, a photo 16 copies, a vehicle register (Ma1), a driver's license ledger (Ma1), and a previous record on four records: A report on internal investigation (a report on confirmation of the same record), an investigation report (a report on confirmation of the same record), a corresponding criminal records applicable to criminal records, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Articles 40 and 50 of the same Act (a non-licenseed driving) of the same Act, and Article 62 (1) 2 of the same Act of the same Act (a punishment for a violation of the Road Traffic Act without any license) are not imposed only once a suspended sentence of imprisonment with prison labor imposed on the defendant, despite the fact that the defendant received a suspended sentence of drinking driving under Article 62-2 of the Criminal Act.

However, the defendant recognized the crime of this case, the defendant scrapped the driving vehicle while the defendant did not repeat the crime of this case, and the family members and branch members of the defendant want to take the action against the defendant.

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