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(영문) 대구지방법원 2014.05.01 2014고단1307

도로교통법위반(음주운전)등

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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 June 21, 2007, the defendant seems to have written indictment of a fine of three million won in the Daegu District Court due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver's License).

In summary order, on June 26, 2007, the "three million won" stated in the indictment for the same crime in the Daegu District Court Kimcheon Branch of the same district court is deemed to be a clerical error.

Receiving each summary order.

On February 21, 2014, at around 21:12, the Defendant driven a B horse with a distance of approximately one kilometer from the front of a cafeteria in the mutual influence in the Bupyeong-gun, Chungcheongnam-do, Chungcheongnam-do to the front road of the Influence Sports Park located in the same Ri, without a driver’s license, while under the influence of alcohol of about 0.101% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiries, such as criminal records, and investigation reports (report accompanied by summary orders issued on the same type of power);

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. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is that the defendant had been punished several times due to drinking or unlicensed driving, and the liability for the crime in this case is not exceptionally applied to the crime in this case. However, the defendant has no criminal record of a suspended sentence or higher, and the defendant has no criminal record of a suspended sentence or higher, and the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime in this case, and circumstances after the crime shall be determined as ordered by taking into account various factors of sentencing