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(영문) 대구지방법원 안동지원 2014.02.19 2013고단607

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 29, 2010, the Defendant was issued a summary order of KRW 3 million with fines for the violation of the Road Traffic Act due to the violation of the Road Traffic Act, and a summary order of KRW 2.5 million with fines for the same crime in the same court on September 18, 2008.

On August 31, 2013, the Defendant, while under the influence of alcohol 0.117% on blood alcohol level at around 23:30 on August 23:30, 2013, driven a motor bicycle at a section of approximately 7km in front of the rest site in the same Eup/Myeon, in the Defendant’s residence located in Ansan-si B without obtaining a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including reflectiveness, the fact that vehicles are disposed of, the fact that there is no previous conviction exceeding a fine due to the same kind of crime, family type, health conditions, etc

1. Article 62-2 of the Criminal Act concerning community service and lectures to attend lectures;