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(영문) 대구지방법원 경주지원 2014.07.23 2014고단309

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 4, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Daegu District Court and the racing support on December 4, 2007, and two million won for a fine by the same court on June 11, 2010, respectively.

On April 22, 2014, the Defendant, while under the influence of 0.059% of blood alcohol concentration without a driver’s license on April 22, 2018, the Defendant driven a bpoter truck with approximately KRW 1.5km B at the front of the Dongcheon Police Station located in the Dongcheon-dong at the same time on the roads located in the same city of Samsungsung-dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the statement of the situation of a drinking driver, report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, inquiry into the register of driver's licenses, and making an inquiry into the vehicle;

1. Previous records of judgment: Criminal records, etc., inquiry report, results of confirmation of the previous records of disposition, investigation report (Attachment of records of sound driving and driving without a license), and application of three copies of written judgments;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;