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(영문) 대구지방법원 2015.06.18 2015고단2063

도로교통법위반(음주운전)등

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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 November 27, 2009, the Defendant was sentenced to a fine of 2.5 million won for the crime of violating the Road Traffic Act at the Daegu District Court on November 27, 2009, and a fine of 4 million won for the same crime at the same court on May 26, 2014.

On April 10, 2015, at around 10:06, the Defendant, without a driver’s license, driven C Sex 50-meter vehicle from the front side of the Ganeeeeeeeeeeeeeeeeee-ri, Pacific Welfare Center to the direction of B, while under the influence of alcohol by 0.095 percent of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the situation of a drinking driver, and statement of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (related to three-year relationship under the influence of alcohol of a suspect);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 (i.e., reflectiveness, the fact that a suspended sentence is not committed, the fact that there is no criminal record of a suspended sentence or heavier);

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