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(영문) 대구지방법원 김천지원 2013.10.02 2013고단957

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 December 10, 2010, the Defendant issued a summary order of 2.5 million won or more for the violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on December 10, 201, or a fine of 5 million won or more for the violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch on June 3, 2011.

On June 14, 2013, at around 21:45, the Defendant driven a B rocketing car with the blood alcohol concentration of 0.163% under the influence of alcohol without a driver’s license, from the parking lot for the second apartment of Geumcheon-si, Kimcheon-si to the road in front of the Otoosi, which is about one kilometer away from approximately one kilometer Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of investigation reports (a report on confirmation of criminal records of the same kind) 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 is that the defendant was punished four times from December 199 to June 3, 201 due to drinking driving, etc. in spite of the fact that the defendant committed the crime of this case in addition, even though he was punished four times due to drinking driving, etc. from around December 1999 to June 3, 201, the crime of this case is not light, but the punishment is determined as ordered in consideration of all the circumstances, including the fact that there was no record of punishment heavier