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(영문) 대구지방법원 2015.11.12 2015고단4633

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 November 22, 2010, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court on November 22, 2010, and on May 21, 2014, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act.

【Criminal Facts】

On September 21, 2015, the Defendant, without obtaining a driver’s license at around 22:07, driven a Bschton car at the section of about 2 km from the front side of the “Seng-ri” road located in Seogri-ri, if he is under the influence of alcohol by 0.058% of the blood alcohol concentration.

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. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (reports attached to the previous and summary orders);

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. Article 62-2 of the Criminal Act to provide community service or attend lectures;