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(영문) 대구지방법원 상주지원 2016.08.09 2016고단133
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment with prison labor for the crimes set forth in the holding of the judgment of the court with a fine of five million won or more, and a fine of eight months or more.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 4 million for a crime of violation of road traffic law in the resident support of the Daegu District Court on April 27, 2015, and was sentenced to a suspension of execution on December 23, 2015 for the same crime in the Daegu District Court Kimcheon support, and was sentenced to a suspension of execution on December 31, 2015, and the decision became final and conclusive on December 31, 2015.

[Criminal facts]

1. On October 10, 2015, the Defendant, on October 21, 2015, driven a B Poter vehicle without obtaining a driver’s license from around 21:00 on October 21, 2015 to around 500 meters from the front day of the Gancheon-gun, Gancheon-si, Gancheon-gun, Gancheon-si, Gancheon-gun, Gancheon-dong, Gandong-do.

2. On March 21, 2016, the Defendant driven B Poter under the influence of alcohol content of 0.161% in blood while under the influence of alcohol without obtaining a driver’s license from the road front of the 82-15 km of the west-dong, west-dong, Seoul, at around 23:00 on March 21, 201, to the end of the 52-15 km-dong, the 1.5 km-dong, Seoul Special Metropolitan City Mayor(D) of the Road Traffic Act (DF) and the fluor under the influence of alcohol of 0.161% in blood.

Summary of Evidence

[Article 1]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The ledger of driver's licenses of motor vehicles (paragraph (2) of the judgment);

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a driving driving, inquiry into the results of crackdown on drinking driving, and the register of driver's licenses of a motor vehicle;

1. Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation, such as the same type of previous conviction, conviction, concurrent crimes, concurrent crimes, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violating the Road Traffic Act (Non-licensed Driving) and the crimes of violating the Road Traffic Act (Non-licensed Driving));

1. Imprisonment with prison labor for a crime of violating the Traffic Act on the selective road traffic;

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