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(영문) 대구지방법원 경주지원 2015.11.26 2015고단584

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor 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 9, 2010, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in Daegu District Court and racing support, and on April 13, 2015, the same court issued a summary order of KRW 4 million as a fine for the same crime.

On July 5, 2015, at around 20:45, the Defendant driven B strawing car under the influence of alcohol leveling 0.191% without obtaining a driver’s license from the front line of the mutual incompock in the Yellow-si, Plue-si to the front line of the 300-meter zone in the same Dong, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a case to be suspected of violating the Road Traffic Act, a circumstantial report on the driver, and a report on detection of the driver;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture has the record of being punished by a fine twice due to drinking driving.

However, the defendant has no record of qualification suspension or more, and is against himself.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, and all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, shall be determined as ordered.