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(영문) 대구지방법원 2015.06.25 2015고단2182

도로교통법위반(음주운전)등

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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

On December 30, 2014, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) in the Seogu District Court’s branch branch on December 30, 2014, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on August 18, 2009, and a fine of four million won for a violation of the Road Traffic Act (driving) at the same court on August 1, 2008.

On April 23, 2015, at around 22:58, the Defendant driven a BF rocketing car under the influence of alcohol content of 0.135% without obtaining a driver’s license from the front side of the arms market located in the Daegu Northern Nowon-gu, Daegu Nowon-gu to the front side of the Nowonwon in the same Dong, and without obtaining a driver’s license from approximately 400 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occupancy of a driver and report on the results of appraisal;

1. Statement of driver's license inquiry and details of disposition of cancellation of driver's license;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, and criminal investigation reports (a copy of a summary order, etc. of the relevant case);

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;