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(영문) 대구지방법원 김천지원 2015.07.08 2015고단458

도로교통법위반(음주운전)등

Text

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 March 6, 2008, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on March 6, 2008, and a fine of KRW 4,000,00 as a penalty for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on August 29, 2013.

On April 16, 2015, the Defendant driven BM car under the influence of alcohol 0.201% without obtaining a driver’s license on the section of approximately 1.5 km from the public parking lot in front of the mountain frequency cluster in the Sinsi-si, Sinsi-si, Sinsi-dong to the front road from the Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, and the Defendant driven BM car under the influence of alcohol 0.201%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (reports on the confirmation, etc. of criminal records of a suspect), three copies of report on the results of dispositions and confirmation, and three copies of summary orders and three copies of the summary order shall be applied;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Do1488, Apr. 1, 201; Supreme Court Decision 2009Do148, Apr. 2, 2009)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;