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(영문) 대구지방법원 2013.05.10 2012고합1167

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

around 03:40 on September 22, 2012, the Defendant driven a 70-meter section from the 70-meter section to the roads in front of the East-gu Mazhan cafeteria cafeteria, which is located in the Daegu-gu Granddong, under the influence of alcohol by 0.176%, without a driver’s license on September 22, 2012.

On June 19, 2012, the Defendant issued a summary order of KRW 3 million to a fine of KRW 1 million by the Daegu District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 1 million by the same court on October 11, 2012, respectively.

On December 27, 2012, the Defendant, without a driver’s license around 22:05, driven a 0.122% alcohol concentration, driving a dVL150cm from the section of approximately 1km to the front road of the gelbane cafeteria located in the Nam-gu Daegu-gu Daegu-dong, to the gelobane located in the gol-dong of Daegu-gu.

Summary of Evidence

"2012 Gohap1167"

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the results of crackdown on drinking driving, and the register of driver's licenses "2013, 18";

1. Defendant's legal statement;

1. Report on detection of drivers, statement in the circumstances of drivers, and the register of drivers' licenses;

1. Previous convictions indicated in judgment: Criminal records, etc. inquiry reports and investigation reports (attached to a summary order of the same kind of power - Application of Acts and subordinate statutes;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of a drunk driving on September 22, 2012), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (the point of a unlicensed driving on September 22, 2012), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of a drunk driving on December 27, 2012), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of a unlicensed driving on December 27, 2012) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of unlicensed driving) shall be more severe; and