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(영문) 대구지방법원 김천지원 2014.12.11 2014고단932

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2011, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on August 26, 201, and on May 22, 2013, the Defendant was issued a summary order of KRW 5 million due to a violation of the Road Traffic Act.

On August 19, 2014, at around 23:00, the Defendant driven a BF rocketing car under the influence of alcohol with approximately 2 km alcohol concentration of 0.157% without a motor vehicle driver’s license from the front of the 2km apartment road in the Sim-si, Sim-si to the same Sim-dong, Simdong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a report on the confirmation of the same criminal records);

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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Discretionary mitigation of crimes under Articles 53 and 55(1)3 of the Criminal Act (i.e., the records of suspended execution due to the same crime, the records of the previous crime and the records of the accident that has occurred during the judgment, the drinking water of the crime in question, and the distance between the previous crime and the previous crime in consideration of the records of the crime in question, but there is no accident caused by the crime in the judgment, but the fact that the vehicle in the judgment immediately after the judgment was voluntarily cancelled, the confession and depth of the crime, the defendant's dependent, the living relationship, etc. shall be taken into account);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;