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(영문) 대구지방법원 2015.11.12 2015고단4637

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, 2010, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and on October 2, 2013, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the same court. On July 10, 2014, the Defendant was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (driving) at the Daegu District Court.

【Criminal Facts】

On September 30, 2015, the Defendant, without obtaining a driver’s license at around 22:40 on September 30, 2015, driven a B2.5 tons-math truck at a section of about 50 meters from the front day of the entrance three-way village at the Gyeongg-gun, Chungcheongnam-do, Chungcheongnam-do, the 0.110% alcohol content, to the front day of the 114-1st day of the Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (attached records, such as judgments of the same kind of power), and 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 (see, e.g., Supreme Court Decision 62 (1));

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;