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(영문) 대구지방법원 경주지원 2015.04.01 2015고단7

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 October 11, 2007, the Defendant was punished for drinking driving two or more times by a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and a fine of KRW 3 million due to the same crime in the same court on November 14, 2013, respectively.

Nevertheless, the Defendant, at around 02:40 on November 30, 2014, driven a 2km B high-class truck with approximately 2 km up to the front of the cafeteria-dong in front of the cafeteria-dong in front of the cafeteria-dong in the same city, on the street in front of the cafeteria-dong in the same city where the Defendant was under the influence of alcohol 0.147% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of a drinking driver, notification of the results of the drinking driving control, inquiry about the results of drinking control, report on internal investigation, ledger of driver's licenses, and next inquiry;

1. Previous records: Application of criminal records, etc. and inquiry reports, investigation reports, and 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;

1. Order to attend lectures under Article 62-2 of the Criminal Act;