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(영문) 대구지방법원 서부지원 2014.11.28 2013고단1613

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 19, 2010, the Defendant was sentenced to a summary order of a fine of 3.5 million won due to a violation of the Road Traffic Act, etc. in the Western Branch of the Daegu District Court on August 19, 201, and on July 20, 201, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution.

On March 30, 2012, at around 17:20 on March 30, 2012, the Defendant driven a BEL car without obtaining a driver’s license in the state of alcohol 0.182% of blood alcohol concentration from the 2km section from the front side of the Mauri Village to the lower side of the same Myeonori Village.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. The ledger of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, summary orders, and application of each one copy of judgment;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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;