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(영문) 대구지방법원 서부지원 2015.05.22 2015고단374

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 March 4, 2014, the Defendant was notified of a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Seogu District Court Branch Branch on March 4, 2014, and a summary order of 4.5 million won by the same court on July 11, 2014 (driving).

On February 14, 2015, at around 09:27, the Defendant driven a vehicle B 30-A while under the influence of alcohol content 0.123% without obtaining a driver’s license from a section of about 500 meters from the front of the building in Daegu-gu to the front of the 1909-1 Gohap-Mancheon-gu, Seogu, Daegu-gu.

Accordingly, the defendant, without obtaining a driver's license, has been in violation of the prohibition of driving under the influence of alcohol more than twice, and again, has driven a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances of the driving of a motor vehicle;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 on the stay of execution ( considered as being without any record of punishment, in addition to twice the confession, reflectivity, and fine);

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