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(영문) 대구지방법원 2013.09.26 2013고단4522

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

On April 13, 2011, the Defendant received, respectively, a summary order of KRW 2 million from the Daegu District Court to a fine of KRW 2 million, and a fine of KRW 2.5 million from the Daegu District Court to the same crime on October 24, 2012.

At around 13:40 on July 16, 2013, the Defendant, without obtaining a driver’s license on blood alcohol level, driven a vehicle with approximately KRW 30cm C X-ex vehicle at the street above and above the end of the Daegu Jung-gu National Bank of Korea in the state of alcohol level of 0.140%.

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of driver's licenses (A and unauthorized licenses);

1. Report on detection of a host driver (A) and report on the circumstantial statement of a host driver;

1. Previous records: Application of criminal records, etc. and other 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. 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 has been punished three times due to drinking driving, and in addition, when the crime of this case was committed, the liability for the crime of this case is uncertain, the defendant is against the mistake, there is no criminal record of suspended execution or more, and the motive, means and result of the crime of this case, circumstances after the crime of this case, age, character and behavior of the defendant, family environment, etc. shall be determined as ordered by taking into account all the factors such