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(영문) 대구지방법원 서부지원 2013.03.22 2013고단80

도로교통법위반(음주운전)등

Text

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

1. Around 04:00 on January 11, 2013, the Defendant driven a bank apartment in the merchant Dong of Daegu-gu, Seo-gu, Daegu-gu, without obtaining a driver’s license from around 8 kilometers from the 502 front parking lots to the front roads of the Seo-gu, Seo-gu, Seo-gu, Seo-gu., Seo-gu.

2. On May 14, 2012, the Defendant is a person who has been issued a summary order of KRW 2 million for a fine of KRW 3 million for a violation of the Road Traffic Act due to a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court on the following grounds: on October 15, 2012, the Defendant was issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court; on October 15, 2012, at the Seog Branch of the Daegu District Court, four times

On January 11, 2013, at around 21:33, the Defendant parked in a bank apartment 502 parking lot located in the store in Seo-gu, Seo-gu, Daegu, Daegu, and operated B B beena car without obtaining a driver's license at a distance of about 10 meters from a blood alcohol concentration of about 0.114 percent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on the occurrence of a traffic accident (1), (2);

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes to inquiry reports and copies of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the 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 ordinary concurrent crimes (the crimes of violation of each Road Traffic Act referred to in paragraph (2) at the time of marketing and the punishment prescribed for the crimes of violation of the Road Traffic Act of heavy drinking driving);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be increased within the scope of the maximum sum of the punishments determined for the crime of violating the Road Traffic Act of heavy drinking driving);

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

1. Article 62 of the Criminal Act: