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(영문) 대구지방법원 서부지원 2013.11.12 2013고단1175

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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 June 22, 2007, the Defendant received a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) from the Seogu District Court Branch Branch, and a summary order of a fine of four million won due to the same crime from the Daegu District Court on October 8, 2012, respectively.

On August 29, 2013, at around 17:20, the Defendant driven a passenger car with C low alcohol without a driver’s license, in approximately 2-186% of alcohol content from the front of the upper passenger dormitory located in the area of the Gyeongcheon-gun, Gyeongcheon-gun to the lower point of about 150km away from the 2-3km section to the lower point of 150km away from the same side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on driver's license inquiry and details on revocation of driver's license;

1. A report on detection of a host driver and a circumstantial statement;

1. Previous convictions in judgment: Application of criminal records, investigation reports (a summary order and attachment of judgment) 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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;