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(영문) 대구지방법원 서부지원 2015.01.22 2014고단1672

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal power] On October 7, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act in the Seo-gu District Court Branch of the Daegu District Court, and on September 2, 2013, the Defendant issued a summary order of KRW 4 million for the same crime in the same court, and on August 27, 2009, issued a fine of KRW 1 million for the same crime in the same court.

【Criminal Facts】

1. Around 20:30 on October 3, 2014, the Defendant driven C Poter cargo without obtaining a driver’s license in a section of about 30km from the front day of the office of the Defendant located in Seongbuk-gun, Seongbuk-gun, and the road located in Gyeongbuk-gun, Gyeongbuk-gun, to the village located in the area of about 30km.

2. On October 4, 2014, at around 09:30 on October 4, 2014, the Defendant driven C Poter Cargo without obtaining a driver’s license for alcohol driving under the influence of alcohol with approximately 0.064% of the blood alcohol concentration at around 0.064% from the road of village entrance located in 09:30,000, the traffic side rock 20,000, in front of the village entrance located in 19:0,000, in the direction of the village located in 19:2.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previouss before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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

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;