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(영문) 대구지방법원 2015.06.11 2015고단1181

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

[criminal power] On October 23, 2006, the Defendant issued a summary order of one million won or more as a crime of violating the Road Traffic Act at the Daegu District Court, and on March 21, 2008, a fine of three million won or more as a crime of violating the Road Traffic Act at the same court.

【Criminal Facts】

On February 7, 2015, at around 23:30, the Defendant driven BluxG automobiles with a drunk alcohol concentration of about 0.129% without obtaining a driver’s license from around the 2km section from the front of the restaurant where the Defendant was unaware of the trade name in the upper roads of the Daegu Suwon-dong, Daegu-dong to the front roads of the Daegu Young-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous conviction: Application of each summary order of 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 (a person who has no criminal record of confession, reflectivity, or suspended sentence or heavier punishment);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;