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(영문) 대구지방법원 경주지원 2014.06.25 2014고단22

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 January 16, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in Daegu District Court and racing support, and on October 21, 2013, the Defendant issued a summary order of KRW 2 million for the same crime in the same court.

Despite the fact that the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on January 2, 2014, at around 23:22, the Defendant driven B-be cargo without the driver’s license, while under the influence of alcohol of about 0.124% in the 1km section from the front of the 43rd-ro, Seocho-si, Seocho-si, to the front of the 43rd-ro, Sincheon-dong, Dongcheon-dong, dong-dong, dong-dong, the Defendant driven B-be cargo without the driver’s license

Summary of Evidence

1. Defendant's legal statement;

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

1. Reporting on occurrence of a case under violation of the Road Traffic Act, reporting on the occurrence of such a case, reporting on the state of a driver with no license, reporting on the state of a driver with a driver with a license, reporting on the actions of a driver with a driver with a license, notification of completion of correction, register of driver's license

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous records of dispositions, results of confirmation, and application of 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. 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 62 (1) of the Criminal Act;

1. The decision is made as ordered in consideration of all kinds of sentencing conditions stipulated in Article 51 of the Criminal Act, which can be known through records and pleadings, such as the fact that the defendant has driven under drinking and unlicensed conditions, the fact that he/she has been punished several times with the same past records: Provided, That the confession was made, and other circumstances such as the defendant's age, happiness, family environment, after committing criminal acts, etc.