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(영문) 대구지방법원 김천지원 2013.06.12 2013고단358

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 25, 2010, the Defendant was issued a summary order of KRW 4 million on the grounds of a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch, and a fine of KRW 2 million on August 12, 201, in the Daegu District Court Kimcheon Branch, the summary order of KRW 2 million was respectively issued on August 12, 201.

On March 6, 2013, at around 20:20, the Defendant driven a B Sti-type car without obtaining a driver's license at a section of about 200 meters from the front of the Glock House located in the old Sinsidong to the front of the seat station located in the same Dong, and without driving a vehicle at a level of about 0.20% alcohol concentration.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records: Application of investigation reports (former records and reports attached to judgments) 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. The reason for sentencing under Article 62-2 of the Criminal Act lies in the following: (a) the defendant, on December 1999, committed a traffic accident involving a fine of KRW 1.5 million due to a drunk driving on July 2001; (b) a fine of KRW 2.5 million due to a drunk driving on September 2005; (c) a fine of KRW 4 million due to a drunk driving on January 201; (d) a fine of KRW 2 million due to a drunk driving on August 201; and (e) a fine of KRW 2 million due to a drunk driving on August 201; and (e) the fact that the defendant committed a traffic accident involving a vehicle while driving on the same while driving on the same alcohol level, despite the history of each criminal punishment of KRW 2 million due to a drunk driving on around December 201.