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(영문) 대구지방법원 서부지원 2014.07.14 2014고단693

도로교통법위반(음주운전)등

Text

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

[criminal power] On April 30, 2008, the Defendant received a summary order of KRW 1,50,000,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act (driving). On May 18, 2009, a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Seog District Court’s Branch Branch on May 18, 2009, and on July 24, 2013, a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court.

【Criminal Facts】

On May 11, 2014, at around 23:17, the Defendant driven a B Ecoo motor vehicle under the influence of alcohol content of 0.103%, without obtaining a driver’s license, at a section of approximately 1km from the front side of the “Korea-U.S. S. S. S.S. Simb,” located in the Seogu, Seogu, Daegu Metropolitan City, and the area of the south Daegu or G.S., located in the same route.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (report on confirmation of the same kind of force) 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. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;