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(영문) 대구지방법원 안동지원 2013.08.20 2013고단253

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 October 7, 2010, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the Daegu District Court's Ansan-dong branch on October 7, 201, and was sentenced to a fine of KRW 3.5 million for the same crime in the same court on January 3, 2013.

Although the Defendant had been punished on more than two occasions as stated in the record of the crime record, at around 20:25 on May 8, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.057% without a car driver’s license, starting from the front route of the field distribution in Ansan-si, Andong-si, the Defendant driven a 500-meter Bab car at the front of the Simsan Park in the same field.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving, report on the circumstantial observation of drinking drivers, and investigation report (Attachment to the register of driver's licenses, etc.);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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 (Taking into account the fact that he/she is committing a crime and that he/she has no record of being punished for a crime);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;