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(영문) 대구지방법원 경주지원 2016.11.24 2016고단542
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 12, 2007, the Defendant issued a summary order of KRW 1 million for a fine of KRW 7 million for a violation of the Road Traffic Act at the Daegu District Court and its racing support on August 12, 2007, the summary order of KRW 2 million for the same crime at the Daegu District Court on August 7, 2007, the summary order of KRW 6 million for the same crime in the Daegu District Court and its racing support on February 22, 2013, and the summary order of KRW 7 million for the same crime at the same court on October 8, 2015.

On July 9, 2016, at around 04:00, the Defendant driven a Bpppon vehicle under the influence of alcohol level of about 500 meters without obtaining a driving license from the front side of the central market in the middle-dong of the racing to the front side of the KT parking lot in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of violation of the Road Traffic Act (driving without a license), report on the results of the control of drunk driving, report on the circumstances of drunk driving, inquiry into the results of the control of drunk driving, report on internal investigation (at the time of red departure / statement of reporters and on-site photographs), and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports (A), investigation reports (Attachment to summary orders of the same kind A), and application of Acts and subordinate statutes governing the summary orders of the same case;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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