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(영문) 대구지방법원 김천지원 2015.10.21 2015고단895

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

On February 28, 2008, the Defendant received a summary order of KRW 1 million for a fine of KRW 6 million for a violation of the Road Traffic Act, on October 6, 2008, a summary order of KRW 1 million for a violation of the Road Traffic Act, and on January 2, 2015, the Daegu District Court issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at the Daegu District Court on January 2, 2015.

On July 17, 2015, at around 23:20, the Defendant driven a B-coo motor vehicle with a blood alcohol concentration of about 0.084% under the influence of alcohol without obtaining a driver’s license from the front side of the packing horse in Daegu-gu, Daegu-gu, without trade name, to the front side of the road in North-gu, North-gu, 2015 to the front side of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous for judgment: Application of criminal records, inquiry reports, and investigation reports [including three copies of the summary order attached thereto]-related 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da1248, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;