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(영문) 대구지방법원 서부지원 2014.10.23 2014고단423

도로교통법위반(음주운전)등

Text

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

[criminal power] On January 24, 2014, the Defendant received a summary order of a fine of KRW 8 million for a violation of the Road Traffic Act from the Seo-gu District Court Branch of the Daegu District Court on January 24, 201, and on October 31, 2008, the Defendant received a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving) from the Changwon District Court Branch of the Changwon District Court on March 31, 2008. Three times of driving alcohol.

【Criminal Facts】

On March 17, 2014, the Defendant operated a car under the influence of 0.115% under the influence of alcohol without a driver’s license on March 22:45, 2014, and operated a car at approximately 50 meters section to the front of the new bank located in the Daegu Seogdong, which is located in the shopping brid restaurant located in the Daegu Seogdong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate 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;

1. Order to attend lectures under Article 62-2 of the Criminal Act;