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(영문) 대구지방법원 2015.06.16 2015고단1750

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

[criminal power] On June 28, 2010, the Defendant issued a summary order of two million won for the crime of violating the Road Traffic Act at the Daegu District Court on the same day, and on June 5, 2014, the Defendant had the record of being issued a summary order of four million won for the crime of violating the Road Traffic Act at the Daegu District Court on the same day.

【Criminal Facts】

On April 14, 2015, at around 07:59, the Defendant driven CMW car under the influence of alcohol 0.083% of alcohol concentration without obtaining a driver’s license in the section of approximately 2km from the 1stm prior to the 849-4, Daegu Suwon-dong, Geumdong to the same desired route.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of a drinking driver, inquiry into the results of the regulation of a drinking driving, and written confirmation;

1. Registers, etc. of driver’s licenses;

1. Previous conviction: Application of each summary order 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. 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 (the fact that there is no criminal record of a suspended sentence or heavier for the same crime);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;