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(영문) 대구지방법원 2016.10.27 2016고단3184
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 April 26, 2013, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1,50,000 by the Daegu District Court on April 26, 2013, and a summary order of KRW 3,50,000 with the same offense, etc. at the same court on June 13, 2014, respectively.

On July 4, 2016, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, was driving a BSP car in the state of alcohol under the influence of 0.182% of alcohol alcohol concentration, without obtaining a driver’s license from the front side of Mangical ENG in the Daegu Northern-gu, Daegu, to the front side of the luxane in the same Dong from around 200 meters.

On April 26, 2013, the Defendant was notified of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) by the Daegu District Court on April 26, 2013, and was charged with a fine of KRW 3.5 million by the same court on June 13, 2014. On July 22, 2016, the Defendant was charged with a non-detained act for a violation of the Road Traffic Act (driving) with the Daegu District Court on July 22, 2016.

【Criminal Facts】

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was driving a B SP motor vehicle under the influence of alcohol level of 0.149% while under the influence of alcohol level of 0.149%, without obtaining a driver’s license in a section of about 200 meters from the insular area of 22:50 on May 23, 2016 to the 27th Daegu-ro, Daegu-ro, 200.

Summary of Evidence

"2016 Highest 3184"

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Division: Two copies of the statement of criminal records, etc., and of the summary order "2016 Highest 4171";

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Judgment division: Criminal history records, reply reports, two copies of summary order, and application of Acts and subordinate statutes in attached Form 1 of the indictment;

1. Relevant Articles 148-2 (1) 1, 44 (1) (a point of sound driving) and 44 of the Road Traffic Act concerning the facts constituting an offense, respectively;

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