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(영문) 대구지방법원 경주지원 2016.07.07 2015고단1024
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 October 29, 2007, the Defendant was issued a summary order of 1.5 million won of a fine for a crime of violating the Road Traffic Act, and a summary order of 3 million won of a fine for the same crime from the same support on December 11, 2014, respectively.

On November 20, 2015, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.087% while under the influence of alcohol without obtaining a driver’s license from the section of about 15 km from the fri-ri-ri mutual influence to the roads before the Seoul Arts Center, Alcheon-ro, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Three copies of the report on detection of suspected providers of violating the Traffic Act (driving/non-licenseing) on the road, the report on the circumstances of the drivers involved, the report on detection of the drivers involved in driving, the inquiry of the results of crackdown on the driving of drinking, three copies of the report on management of the reports on driving at driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), a report on investigation (verification of criminal history of the same kind), and a copy of a summary order;

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 imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity ( various extenuating circumstances, such as the fact that the defendant repents his/her mistake and commits an offense exceeding the fine, and that he/she has no record of committing an offense);

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

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