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(영문) 대구지방법원 2015.03.26 2015고단281

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 7, 201, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court. On April 21, 2014, the Defendant was issued a summary order of KRW 1 million for the same crime in the same court.

【Criminal Facts】

On December 23, 2014, at around 13:15, the Defendant, without a driver’s license, driven the B Poter Cargo at the section of about 5km from the front of the construction site of the studio new studio in the Gyeong-dong in the Gyeongbuk-si, Gyeongsan-si to the roads adjacent to the 107-dong 10km, while under the influence of alcohol by 0.157% of the blood alcohol content without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle and a report on detection of the motor vehicle driver;

1. Registers of driver's licenses;

1. A previous conviction: Application of a copy of indictment, a copy of summary order, and a summary order issued by the Seoggu District Court (Seoul District Court) about 201 High Court Decision 3987;

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 (a person who has no criminal record of confession, reflectivity, or suspended sentence or heavier punishment);

1. Probation, order to attend lectures, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;