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(영문) 대구지방법원 경주지원 2016.06.23 2016고단47
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2016 Highest 47"

1. On November 22, 2007, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court and the Racing Support, the summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) in the same court on October 2, 2008, and the summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) in the same court on October 19, 201, respectively.

2. On January 12, 2016, the Defendant: (a) driven a car with B the alcohol concentration of about 0.113% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from a section of about 100 meters from the front of a restaurant in which it is impossible to know the trade name in the outside-dong Eup room of the race-dong-dong-Eup to the front road of LH apartment located in the same Ri.

around 22:07 on April 8, 2016, the Defendant driven a car in B, without obtaining a driver’s license from approximately 500 meters away from the front side of both South and North middle schools to the road of both South and North Ski of the same Ri, at approximately 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. C’s statement;

1. Statement report on the circumstances of a driver who is placed in driving, notification on the results of regulating drinking driving, details of revocation of driver's license, ledger of driver's license, traffic accident occurrence report, actual survey report, and on-site photo

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, (A) and an investigation report (Attachment to a summary order related to driving under drinking and driving without obtaining a license);

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 each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (a) of the Criminal Code has a mother and child who is in need of the support of the defendant and his mistake.

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