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(영문) 대구지방법원 2015.07.23 2015고단2241

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 March 12, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court as a fine for a violation of the Road Traffic Act, and by the same court on September 2, 2013, a fine of KRW 1.5 million for the same crime.

On March 7, 2015, at around 23:10, the Defendant was under the influence of alcohol with 0.291 percent of blood alcohol concentration without a car driver’s license, and the Defendant driven B low-speed vehicle owned by the Defendant from the front side of the new market in Daegu hydro-gu to the 382-ro 382-ro in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. The register of driver's licenses, mandatory insurance, and plane table for car driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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. Suspension of execution of sentence under Article 62 (1) of the Criminal Act (the suspension of execution of sentence shall be limited to only once in consideration of the fact that the person is white and reflectd and that there is a family member to support);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;