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(영문) 대구지방법원 김천지원 2016.01.07 2015고단1132
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2009, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon Branch on June 8, 2015, a fine of KRW 4 million as a crime of violation of the Road Traffic Act (drinking driving), and a fine of KRW 5 million as a crime of violation of the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon Branch on August 12, 2015.

On August 6, 2015, the Defendant driven a B car under the influence of alcohol 0.142% without obtaining a driver’s license from a section of about 3 km from a gold market in the original city of Si/Gu, Si/Gu on August 6, 2015 to a road in the same city of Si/Gu, from a gold market in the original city of Si/Gu on August 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the main driver, a written statement of the driver's license in the main driver, a ledger of driver's licenses, and details of revocation of

1. Application of an inquiry letter, such as criminal history, and an inquiry report (a brief attachment to an order) by statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Acts of transportation with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 subparag. 1 subparag. 3 (see, e., Supreme Court Decision 2009Da11448, Apr. 1, 2009) (see, 200; 209Da1448, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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