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(영문) 대구지방법원 영덕지원 2016.07.13 2016고단95
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 16, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Daegu District Court Young-gu District Court (Seoul District Court), and on February 18, 2013, the same court received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (drinking driving).

Although the Defendant had been subject to punishment twice or more due to drinking, the Defendant driven the Bcoon under the influence of alcohol 0.149% of alcohol while drunkly under the influence of alcohol 0.149% without obtaining a driver’s license from the front side of the mutually influent cafeteria in the Ulsan-gun, Ulsan-gun, Ulsan-do, Seoul-do on April 14, 2016 to the front side of the same 395 km-do.

Summary of Evidence

Before the Defendant’s legal statement or report of traffic accident, survey report, scene photo, etc. of accident, notification of the result of crackdown on driving of alcohol, report of the driver’s circumstantial statement, ledger of driver’s license, and investigation report (on site dispatch and measurement of drinking): In response to inquiries such as criminal history, investigation report (the confirmation of previous history), Article 148-2(1)1, Article 44(1)(2)1, Article 152 subparag. 1, Article 43 of the Road Traffic Act, Article 40 of the Criminal Act, Article 52 subparag. 1, Article 43 of the Road Traffic Act, Article 50 of the Criminal Act, Article 50 of the Criminal Act, Article 50 of the Criminal Act (the driving without a license) provides that if the Defendant was sentenced to punishment for a heavy concurrent offense, the Defendant is not subject to punishment for a violation of the Road Traffic Act, Article 53(1)2 of the Criminal Act, Article 65(2)2 of the Criminal Act, and Article 63(2) of the Criminal Act.

However, the fact that the defendant all recognizes the crime, and that the defendant scrapped the driving vehicle while the defendant does not repeat the crime.

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