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(영문) 대구지방법원 김천지원 2015.11.05 2015고단459
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2009, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 3 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch on December 11, 2009, in the same court on October 14, 201, and KRW 5 million with a fine of KRW 3 million for the same crime in the same court on August 21, 201.

1. On April 19, 2015, the Defendant, around 21:21, on April 21, 2015, driven a Crens car under the influence of alcohol content of about 0.128% without a car driver’s license, from a section of approximately 1km from the front of the Seocho-dong Hospital in Seoul Special Metropolitan City to the front road of the Gu-U.S. Manynam-dong, Seoul Special Metropolitan City.

2. At around 23:55 on June 5, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.105% without a vehicle driver’s license at a section of approximately 500 meters from the road near the new market in the Shin-dong, Simyeong-dong to the road front of the same city scoo-dong located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving on each driving on the driving on the driving on the driving on each driving on the driving on each driving on the status of each driving on the driving on the driving on each driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (reports on the records of criminal records of the same kind of crime as a suspect);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (a point of sound driving) concerning the facts constituting a crime, the choice of punishment, and Articles 152 (1) and 43 of the Road Traffic Act (a point of driving without obtaining a license);

1. Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act, of which punishment is heavier, among the crimes within each paragraph at the time of marketing and of which punishment is imposed);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. The crime of paragraph 1 of the judgment is committed within one year after the final punishment due to the same kind of crime under Article 53 or 55(1)3 of the Criminal Act, and is prosecuted for that reason.

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